Fifth Circuit orders 90-day bond hearings for prolonged ICE detention

July 2, 2026 brought a significant due-process update for people held by ICE in the Fifth Circuit. In a divided decision, the U.S. Court of Appeals for the Fifth Circuit held that certain detainees are entitled to an individualized bond hearing within 90 days of the start of the prolonged detention posture at issue.

The practical bottom line: even though immigration removal proceedings continue, the government can’t keep people in extended ICE custody under the relevant detention framework without a timely, person-specific chance to seek release.

What the Fifth Circuit decided

According to the court’s opinion (No. 26-50183), due process requires more than a category-wide approach for prolonged detention. The ruling sets a timing rule—a bond hearing within 90 days from the start of detention under the circumstances addressed in the case—and requires an individualized justification for continued detention without bond.

The decision affirms habeas relief for the detainees at issue in the litigation, reinforcing that federal courts can order procedural changes when prolonged detention proceeds without the constitutionally required review.

Who is covered (and where)

The controlling effect is within the Fifth Circuit (which includes Texas, Louisiana, and Mississippi). That means detainees held in that jurisdiction under the detention posture addressed by the case may be able to press for earlier bond-hearing access based on this precedent.

What it doesn’t change

The ruling does not stop removal proceedings. The Fifth Circuit emphasized that its orders do not interfere with the underlying immigration case process.

What to watch next

• Faster compliance steps: Expect detainee attorneys and courts to move quickly on bond-hearing requests as the 90-day deadline is applied.
• More federal-court fights: The government may seek further review, and additional cases are likely to test how far (and how soon) the individualized-bond requirement extends.
• Supreme Court attention could follow: On June 15, 2026, the Supreme Court’s order materials reflect that the Court granted certiorari in Genalo v. Black, a related prolonged-detention/bond-hearing due-process question. That raises the odds of continued, rapid procedural litigation over when bond hearings are constitutionally required.

Sources

• Fifth Circuit opinion (No. 26-50183) — primary legal record
• Texas Tribune explainer — reader-friendly context
• Supreme Court order list (June 15, 2026) — what happens next