U.S. Appeals Court Allows Continued Detention of Immigrants Without Bond

Thu Mar 26 2026 06:41:22 GMT+0000 (Coordinated Universal Time)

A ruling by the 8th Circuit Court affirms that immigrants can be held without bond, reinforcing the Trump administration's immigration policies amid ongoing legal battles.

The 8th Circuit Court of Appeals has ruled that the U.S. government can continue to detain undocumented immigrants without bond hearings. This decision reverses a prior ruling that granted a Mexican national, Joaquin Herrera Avila, the right to a bond hearing. The ruling underscores the Trump administration's strict immigration policies, following a similar decision from the 5th Circuit Court. Advocates for immigrant rights express concern over the implications for thousands facing detention without legal recourse.

The U.S. can continue to detain immigrants without bond, an appeals court ruled on Wednesday, handing a victory to the Trump administration’s crackdown on immigration.

The opinion from a panel of the 8th Circuit Court of Appeals in St. Louis overturned a lower court ruling that required Joaquin Herrera Avila, a native of Mexico arrested for lacking legal documents, to be given a bond hearing before an immigration judge.

This marks the second appeals court to rule in favor of the administration on this matter, following a ruling from the 5th Circuit in New Orleans last month stating that the Department of Homeland Security’s decision to deny bond hearings was consistent with the Constitution and federal immigration law.

These decisions counter recent lower court rulings that claimed the practice of detaining immigrants without bond is illegal. Notably, a district court in California had previously ruled in favor of providing detained immigrants with no criminal history the opportunity to request a bond hearing.

Historically, most noncitizens without criminal records were granted bond hearings, but the current interpretation of immigration law has shifted, potentially affecting many such individuals.

In the specific case at hand, Avila was apprehended in August 2025 in Minneapolis. He filed a petition seeking release or a bond hearing, but the federal judge who initially granted it acknowledged that current restraints applied since he was perceived as 'seeking admission,' despite living in the U.S. for years without seeking legal status.

Circuit Court Judge Bobby E. Shepherd wrote in the majority opinion that under current law, Avila could not petition on these grounds. Conversely, Judge Ralph R. Erickson, dissenting, argued that this interpretation severely limits the rights previously extended to such individuals under prior administrations.

The American Civil Liberties Union, representing Avila, did not respond to a request for comment. In contrast, Attorney General Pam Bondi celebrated the ruling, framing it as a significant victory for the Trump administration’s legal strategy on immigration.

The central issue revolves around whether the government is mandated to present evidence before a neutral judge regarding the legality of detention, rooted in the concept of habeas corpus, allowing individuals to challenge their detention. Since Trump’s presidency, over 30,000 habeas corpus petitions have been filed by immigrants alleging unlawful detention.