U.S. appeals courts split on immigrant detention as ICE cases mount
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The gist
A federal appeals court ruled immigrants held for deportation have no right to seek bond.
The ruling deepens a split over detention without hearings.
Background
The rulings come as U.S. Immigration and Customs Enforcement (ICE, the federal agency that detains and deports immigrants) expands capacity, backed by $45 billion from the One Big Beautiful Bill Act through fiscal year 2029. More than 70% of detained immigrants have no criminal convictions, according to the Transactional Records Access Clearinghouse, a research group founded at Syracuse University. The Fifth Circuit covers Texas, Louisiana and Mississippi; the Tenth Circuit covers Kansas and neighboring states.
How it unfolded
- Jun 2025Kaveh Abedi, an Iranian national granted asylum in the U.S. as a child, moved from California to Kansas with federal officials' consent and was taken into custody by ICE.
- Oct 2025A U.S. District Court judge in Kansas denied Abedi habeas relief (a legal challenge to his detention) and found his detention justified under federal law.
- Feb 2026After eight months in custody, Abedi filed a second habeas petition and a judge allowed his release.
- Oct 21, 2026A 2-1 Tenth Circuit panel found a due process violation in Abedi's case, rejecting the administration's claim that the six-month detention clock could restart with each re-detention.
- Oct 23, 2026The Fifth Circuit ruled in Sosnava Rodriguez v. Ortega that immigrants who entered illegally have no right to seek bond while in deportation proceedings, even if they have set roots in the U.S.
Who’s saying what
- Court majority
- The Tenth Circuit majority said it was a due process infraction not to hold a prompt, informal interview so Abedi could challenge the basis of his detention.
- Caution
- Rebecca Cassler of the American Immigration Council called the Fifth Circuit ruling an affront to the Constitution that leaves due process hollow for immigrants in Texas, Louisiana and Mississippi.
- Official
- The Trump administration argued the six-month detention standard could be reset each time a person was released and detained again.
Still unverified
It is unclear whether the unmarked ICE vehicle hit Ricardo Gonzalez; California officials are calling for an investigation into federal immigration officers after they allegedly injured and detained him.