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Second Federal Appeals Court Rejects Trump's No-Bond Immigration Detentions, Deepening Circuit Split

The ruling deepens a circuit split over whether migrants arrested in the U.S. interior can be held without bond, increasing the chance of Supreme Court review.

  • On Wednesday, the Miami-based 11th Circuit Court of Appeals rejected the Trump administration's policy of mass denying bond to unauthorized immigrants arrested within the U.S. interior, limiting mandatory detention powers in states covered by the circuit.
  • Last year, Immigration and Customs Enforcement expanded detention rules, arguing that undocumented migrants arrested inside the country qualify as "applicants for admission" under the Immigration and Nationality Act, subjecting them to mandatory detention without bond.
  • Writing for the majority, Judge Stanley Marcus stated Congress never granted the executive branch "unfettered authority" to detain "every unadmitted alien." Trump-appointed Judge Barbara Lagoa dissented, arguing prior enforcement failures should not narrow the statute's meaning.
  • This ruling deepens a split among federal appeals courts, as the 2nd and 11th Circuits have rejected the policy while the 5th and 8th Circuits have upheld it, increasing the likelihood of Supreme Court intervention.
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The Court of Appeals of the 11th Circuit issued a decision that can change the situation of thousands of people in immigration custody in Florida. The court concluded that the federal government has no unlimited authority to hold detainees without the right to apply for bail for foreigners who already live within the United States and who face immigration proceedings. Migrants detained in Florida will be able to apply for bailThe case arose from…

·Buenos Aires, Argentina
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Second federal appeals court rejects Trump's no-bond immigration detentions, deepening circuit split

An Atlanta-based appeals court has rejected a no-bond policy implemented by the Trump administration for people in immigration proceedings. The 11th U.S.

·United States
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Politico broke the news on Tuesday, May 5, 2026.
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