Appeals Court Denies Right to Bond Hearings for ICE Detainees

            On October 23, 2026, the U.S. Court of Appeals for the Fifth Circuit held that undocumented immigrants that are detained while their removal proceedings are pending are not entitled to an individualized bond hearing.  The 10–7 decision concerned three men from Mexico and Honduras who had lived in the United States for at least fourteen years, with one petitioner — Ignacio Sosnava Rodriguez — reportedly living in the country for over twenty-two years.  The men were detained by Immigration and Customs Enforcement (ICE) following traffic stops. They established that they had substantial ties to the United States — including American-born children — and their attorneys argued that prolonged detention without an opportunity to seek release violated the Fifth Amendment's Due Process Clause, but they ultimately failed to persuade the majority to guarantee their right to an individualized bond hearing.  While the ruling is a victory for the administration, advocates for immigrants and ICE detainees have decried the ruling as an “affront to the U.S. Constitution.”