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Three migrants with US citizen children win right to bond hearing after 90 days of ICE detention

Jul 3, 2026

Three migrants with US citizen children win right to bond hearing after 90 days of ICE detention

A divided 2-1 panel of the Fifth U.S. Circuit Court of Appeals ruled on July 3, 2026, that ICE cannot detain individuals for more than 90 days without providing a bond hearing opportunity. The case involved three migrants—two Mexican citizens and one Honduran national—who had each lived in the United States for more than a decade, had no criminal records, and were fathers of U.S. citizen children. All three were detained by ICE following traffic stops in Texas and challenged their continued detention through habeas corpus petitions. The decision, grounded in Fifth Amendment due process protections, contradicts the Trump administration's interpretation of federal immigration law that had allowed mandatory detention of non-citizens without bond hearings. The ruling could affect thousands of people detained in Texas and Louisiana.

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