Fifth Circuit SLAMS Catch-and-Release

Fifth Circuit’s bold ruling hands President Trump a major victory by upholding mandatory detention without bond for illegal immigrants, restoring order after years of lax enforcement.

Story Highlights

Fifth Circuit panel rules 2-1 on February 6, 2026, to back Trump administration’s policy under 8 U.S.C. § 1225(b)(2).
Policy targets noncitizens who entered without inspection, even long-term residents, reversing lower court blocks.
Trump appointees Judges Jones and Duncan deliver win despite over 3,000 nationwide rejections of the policy.
Immediate impact in Texas, Louisiana, Mississippi: ICE ramps up transfers and detentions to deter illegal presence.
Sets stage for Supreme Court amid circuit splits, bolstering interior enforcement.

Ruling Delivers Key Win for Border Security

On February 6, 2026, a divided U.S. Court of Appeals for the Fifth Circuit panel ruled 2-1 to uphold the Trump administration’s policy. The decision interprets noncitizens who entered without inspection as “applicants for admission” under 8 U.S.C. § 1225(b)(2). This mandates detention without bond hearings. Judges Priscilla Richman Jones and Kyle Duncan formed the majority, overturning district court injunctions. The ruling aligns with ICE’s July 2025 policy shift that expanded enforcement beyond recent border crossers. Conservative textualism prevailed over historical limits applied by prior administrations.

Policy Roots in 1996 Law Ignored for Decades

The policy draws from the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). For 30 years, both parties limited § 1225(b)(2) to recent arrivals at ports or borders. ICE’s July 2025 reinterpretation applies it to all uninspected entrants, including interior long-term undocumented residents. Supreme Court precedents like Reno v. American-Arab Anti-Discrimination Committee (1999) and Trump v. J.G.G. (2025) ended class actions, sparking over 3,000 individual habeas lawsuits. Nationwide, 360 judges rejected the policy while 27 upheld it in 130 cases. The Fifth Circuit decision shifts momentum in Texas, Louisiana, and Mississippi.

Trump Judges Lead Conservative Panel Victory

Trump appointee Kyle Duncan joined Judge Priscilla Richman Jones in the majority opinion. They prioritized plain statutory text mandating detention for those “seeking admission.” Biden appointee Dana Douglas dissented, arguing the policy creates a “border everywhere” that could detain two million, including families of U.S. citizens. Petitioners like Covarrubias claimed eligibility for bond under § 1226 as interior residents. The rapid ruling post-January 2026 arguments reflects the Fifth Circuit’s conservative bent. Board of Immigration Appeals previously endorsed ICE’s view, aiding enforcement efficiency and deterrence of illegal entry.

Government attorneys leveraged procedural wins to pressure other courts. This sets binding precedent in key border states, fueling ICE transfers. Critics like Aaron Reichlin-Melnick of the American Immigration Council called it “awful news for due process,” claiming it wipes out bond for tens of thousands. Steve Vladeck labeled it an “odious” expansion ignoring past INS practice and over 3,000 rejections.

Immediate Enforcement Boost and Future Battles

The ruling took immediate precedential effect, enabling ICE to detain without bond in the Fifth Circuit. Facilities in Texas, Louisiana, and Mississippi face strain from transfers and rising numbers. Short-term, tens of thousands lose bond eligibility, deterring undocumented presence nationwide. Long-term, it tests textualism against constitutional limits from Zadvydas v. Davis (2001). En banc rehearing or Supreme Court certiorari looms amid splits, like the 7th Circuit’s opposition signals. Jennings v. Rodriguez (2018) upheld mandatory detention text but left § 1225 distinctions open.

Trump Wins Big As 5th Circuit Upholds Indefinite Detention Without Bond for Illegal Immigrants https://t.co/zrpTs6dQzA

— Heather O'Brien Pronouns: Told/You/So 🐰 #🟦 IFBAP (@Heat005498) February 7, 2026

President Trump’s agenda advances interior enforcement after Biden-era open borders overwhelmed communities. This counters years of catch-and-release that fueled crime, strained resources, and eroded sovereignty. Americans tired of globalist policies celebrate steps to enforce existing law. Political impacts strengthen the narrative of promises kept, with over 605,000 deportations already. Limited data on exact detention numbers persists, but regional overload highlights urgency for facility expansions.