Lower courts undermine Trump’s appeals court win on immigration detention

Published February 13, 2026 6:00am ET



Lower court judges are finding ways to order the release of illegal immigrants apprehended by the Trump administration, despite a critical appeals court ruling that affirmed the administration’s detention policy.

The U.S. Court of Appeals for the 5th Circuit handed the administration that major victory late last week, when a panel ruled 2-1 in favor of the administration’s illegal immigrant mandatory detention policy, rejecting claims by opponents of the administration that bond hearings are required for illegal immigrants. While it was the highest court to greenlight the administration’s policy of keeping illegal immigrants in detention during their deportation proceedings, the 5th Circuit’s rulings only bind judicial districts in Louisiana, Mississippi, and Texas.

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