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‘Significant Blow Against Activist Judges’: Federal Court Rules Illegal Immigrants Can Be Detained Without Bond

The Fifth Circuit Court of Appeals handed the Trump administration a major victory Friday night, ruling that illegal immigrants can be detained without bond during deportation proceedings.

Attorney General Pam Bondi celebrated the decision on social media, calling it “a significant blow against activist judges who have been undermining our efforts to make America safe again at every turn,” according to a post on X. Bondi credited Department of Justice (DOJ) attorney Ben Hayes, who argued the case, along with Brett Shumate and the DOJ Civil Division. “We will continue vindicating President Trump’s law and order agenda in courtrooms across the country,” she wrote.

The 2-1 ruling reversed two lower court orders and found that the administration acted within its authority when it changed how federal detention laws apply to illegal immigrants, according to the court opinion. Judge Edith Jones, a Ronald Reagan appointee, wrote the majority opinion joined by Judge Stuart Kyle Duncan, a Trump appointee.

Jones rejected arguments that the government’s interpretation contradicted decades of practice. “The text says what it says, regardless of the decisions of prior Administrations,” she wrote. The court found that illegal immigrants who entered without inspection qualify as “applicants for admission” under federal law and therefore face mandatory detention.

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