If you or someone you love is being held by ICE, there is important new news from the Fifth Circuit Court of Appeals.
For months, many people have been told they cannot ask an immigration judge for bond because they are considered to be under “mandatory detention.”
A new decision from the Fifth Circuit says that the Constitution may still require a bond hearing—even if the immigration laws say bond isn’t available.
What Does This Mean?
Think of it this way.
The immigration law may allow ICE to detain someone without bond at first.
But that doesn’t mean ICE can keep someone locked up forever without giving them a chance to ask for release.
The Fifth Circuit recognized that the United States Constitution protects everyone from being held for an unreasonable amount of time without a meaningful opportunity to be heard.
Who Could Benefit?
This decision could help many people who:
- Have been living in the United States for years.
- Have spouses, children, or other family members here.
- Have no criminal history or only minor issues.
- Are fighting their immigration case.
- Have been detained by ICE for months without any opportunity to ask for bond.
Every case is different, but this decision gives hope to many families who believed they had no options.
Does This Mean Everyone Will Be Released?
No.
The court did not say everyone should be released.
Instead, the court said many people deserve an individual hearing where a judge can decide whether they should remain detained or be released while their immigration case continues.
At that hearing, the government can still argue that someone should remain in custody if they believe the person is a danger to the community or is unlikely to appear for future hearings.
Why Is This Important?
For many families, ICE detention can last months—or even longer. People lose jobs, families are separated, and children are left without parents.
This decision recognizes that prolonged detention without giving someone a meaningful opportunity to seek release raises serious constitutional concerns.
If Your Loved One Is Detained, Don’t Assume There Are No Options
Just because ICE says someone is subject to “mandatory detention” does not necessarily mean the case is over.
Recent court decisions have opened new legal arguments that may allow some detained immigrants to seek a bond hearing through federal court.
These cases are complex, and the law is continuing to develop, but they may provide hope where none previously existed.
We Can Help
At Law Offices of Daniel A. Lorber, PC, we regularly represent detained immigrants in immigration courts and federal courts throughout Texas and across the country.
If you or a family member is being held by ICE, contact us as soon as possible. The sooner an attorney reviews the case, the more options may be available.