Fifth Circuit Sets 90 Day Limit on ICE Detention Without a Bond Hearing
A divided Fifth Circuit panel ruled that ICE must hold an individualized bond hearing within 90 days of detention, applying Fifth Amendment due process protections to undocumented long-term residents — even those the Trump administration reclassified as 'applicants for admission' ineligible for bond. The ruling directly affects roughly 26,000 detainees in Texas and Louisiana, where bond hearings had already dropped 70 percent since the administration's July 2025 policy shift. With a Supreme Court certiorari petition already filed and a widening circuit split, a national resolution could arrive before the Fifth Circuit's new procedural floor is fully implemented.