April 29, 2026 (New Orleans, LA) — On April 29, the U.S. Court of Appeals for the Fifth Circuit heard oral arguments in a set of cases that could determine whether people can be held in immigration detention without ever getting any chance to challenge why they are being locked up while their case moves forward.
At stake is a basic constitutional principle: whether people have the right to a meaningful opportunity to challenge their detention.
The Fifth Circuit previously ruled that the immigration laws allow the government to detain any person who did not enter the country lawfully — including longtime U.S. residents with deep family and community ties — without giving them that chance. Now, the government is asking that same court to reverse lower court decisions finding that three men who have lived in the country for over a decade have a constitutional right to challenge their immigration detention.
“The government is arguing it can keep people in immigration detention without ever having to justify it,” said Rebecca Cassler, senior litigation attorney at the American Immigration Council, who argued the case. “This would supercharge mass detention at a time when there’s already a record number of people dying in these overcrowded and abuse-prone facilities. It would mean that millions of people who have been in the United States for years or decades, with deep ties to this country, could end up in jail with no real chance to argue for release. That should concern anyone who believes in basic constitutional protections.”
At the center of these cases are three fathers of U.S. citizen children—all longtime Texas residents with no criminal history—who were arrested following routine traffic stops and immediately locked up, without anyone ever reviewing whether their detention was necessary. The American Immigration Council and the National Immigration Project argued before the Fifth Circuit on behalf of these three men, whose cases were consolidated for appeal.
In 2025, ICE stopped allowing certain detained immigrants opportunities for release from detention as their immigration cases progressed, based on the Trump administration’s radical new interpretation of the immigration laws. In hundreds of cases across the country, federal judges have found that this policy violates the law.
But the Fifth Circuit–the federal appellate court that oversees Texas, Louisiana, and Mississippi, the states with the highest populations of people in immigration detention–ruled in February that the administration’s interpretation was allowed under federal immigration law. Lower courts nonetheless found that immigrants like the three men at the center of this case could challenge their detention on constitutional grounds. The government is now asking the Fifth Circuit to hold that most immigrants have no constitutional right to seek release from detention while their cases are pending.
“The people locked up under this policy are parents, neighbors, and community members who have been part of this country for years,” said Ellie Norton, Senior Staff Attorney, of the National Immigration Project. “The government wants a blank check to jail anyone it chooses without ever having to look a judge in the eye and explain why. That is authoritarian detention and a dramatic break from decades of legal precedent.”
The right to challenge the government’s decision to detain someone is a cornerstone of the U.S. justice system, ensuring that the government cannot keep people locked up who pose no danger to the community and no flight risk. The Trump administration is arguing most immigrants should not be afforded this right, setting a dangerous precedent for our democracy and the limits of government power.
“This case tests a basic constitutional principle: that the government must justify taking away someone’s liberty,” said Cassler. “Without that safeguard, people will be locked up even when detention isn’t necessary, with no meaningful chance to challenge it.”
The American Immigration Council works to create a more welcoming and fair immigration system. Through litigation, research, and programs that expand access to legal assistance, the Council helps ensure immigrants are embraced, communities are enriched, and justice prevails for all. Follow us on BlueSky @immcouncil.org and Instagram @immcouncil.
The National Immigration Project is a membership organization of attorneys, advocates, and community members who believe that all people should be treated with dignity, live freely, and flourish. We litigate, advocate, educate, and build bridges across movements to ensure that those most impacted by the immigration and criminal systems are uplifted and supported. Learn more at nipnlg.org. Follow the National Immigration Project on Bluesky, Facebook, Instagram, and Threads at @NIPNLG.
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