On February 6, 2026, despite numerous rulings by lower courts across the United States, the U.S. Court of Appeals for the Fifth Circuit upheld the Trump administration’s policy of mandatory detention of thousands of people in the court’s jurisdiction (Texas and Louisiana) without the possibility of release on bond for those caught up in the administration’s immigration sweeps.
The court based its ruling on an expanded definition of “applicants for admission,” who can be held without bond while they await decisions in immigration courts, to noncitizens inside the United States, not only those arriving at ports of entry.
Other appeals courts are also expected to decide on similar issues in upcoming weeks.
