U.S. Appeals Court Upholds Trump’s Immigration Detention Policy: What It Means for Immigrants

U.S. immigration policy sets the headline yet again: a divided panel of the U.S. Court of Appeals for the Fifth Circuit upheld the Trump administration’s immigration detention policy, which orders detention without bond for a broad group of noncitizens. This is the first time an appellate court has validated the policy after it was previously struck down by several lower federal courts.

The decision has major consequences for thousands currently in detention and for the wider legal framework regulating immigration enforcement. Our EB-1A experts have analyzed this development in detail.

A controversial legal victory

On February 6, 2026, the Fifth Circuit in New Orleans issued a 2–1 decision in support of the expanded detention interpretation by the Department of Homeland Security and the Board of Immigration Appeals. The majority opinion, authored by Judge Edith H. Jones, found that immigration law allows extended detention without bond for those considered “applicants for admission,” even if they have lived in the United States for years.

Judge Jones wrote, “the government’s past practice has little to do with the statute’s text. The text says what it says, regardless of the decisions of prior administrations.”

This reasoning is based on the interpretation of 8 U.S.C. § 1225, which defines “applicants for admission.” Traditionally, this category included people arriving at ports of entry, as well as those who entered unlawfully and remained in the United States. Under this interpretation, these individuals could be detained without bond hearings during their removal proceedings.

The ruling departs from the usual practice of allowing bond hearings for noncitizens detained during interior enforcement. This interpretation amounts to a significant shift from previous standards.

Dissent and legal concerns

Judge Dana Douglas, the lone dissenter on the panel, warned that the policy could affect “millions of immigrants residing in the United States”.

Other opponents also maintain that expanding mandatory detention to long-term U.S. residents exceeds the law’s historical application. Some legal scholars have added that this interpretation could allow indefinite detention without basic rights protections.

Broader impacts: detention system expansion

The appeals court decision occurs as immigration detention in the United States reaches historic highs. According to the Migration Policy Institute, the number of people in Immigration and Customs Enforcement (ICE) custody rose from 39,000 at the start of 2025 to an estimated 107,000 by January 2026.

These numbers are accompanied by considerable budget increases for detention. In fiscal year 2025, ICE’s detention operations budget was projected to be about 62 per cent larger than the federal prison system’s $8.6 billion budget.

Advocacy groups have noted in the context that the rise in detainee populations has led to overcrowded facilities with poor infrastructure and deteriorating conditions.

Political and social reactions

Reactions to the policy have been deeply divided. U.S. Attorney General Pam Bondi called the appellate ruling a major triumph and stated on social media that it delivered a “significant blow against activist judges…”, i.e. those who sought to undermine enforcement actions.

In contrast, immigrant rights advocates and many lower-court judges have expressed serious concerns that the policy undermines fundamental due process protections.

Real stories behind the headlines

The appellate court’s decision could have direct consequences for individuals in detention. Cases such as that of five-year-old Liam Conejo Ramos, detained by ICE agents in Minnesota, have drawn national attention and brought out the human impact of strict enforcement policies. Although a federal judge ordered his release on constitutional grounds, the larger issue of mandatory detention elicits concerns about the treatment of families and children in immigration proceedings.

Supreme court and future litigation

After the Fifth Circuit’s decision, immigration advocates expect further judicial challenges. Critical cases like this one may be appealed to the U.S. Supreme Court, which could ultimately decide the legality and scope of broad mandatory detention policies nationwide.

The Fifth Circuit’s decision to uphold the Trump administration’s immigration detention policy without bond is a major development in U.S. immigration law. It will affect how the federal government detains noncitizens and related procedures.

Our EB-1A consultants recommend carefully monitoring these developments, as they are important for immigrants, advocates, and inhabitants alike. For more specific suggestions, you can directly get in touch with us.

Sources & Further Readings

1. ​Reuters.“U.S. Appeals Court Upholds Trump’s Immigration Detention Policy.” Reuters, February 7, 2026.
2. Evrim Ağacı.“Federal Court Upholds Trump Policy on Immigrant Detention." Evrim Ağacı, February 2026.
3. Courthouse News Service.“Fifth Circuit Upholds Trump Administration’s Mandatory Detention Policy." Courthouse News Service, February 2026.