The Fifth Circuit Court of Appeals just issued a major ruling that will likely impact immigration enforcement going forward. The Court announced a per curiam order in several consolidated cases, including Ignacio Sosnava Rodriguez v. Sylvester M. Ortega, granting the government's motion to stay district court judgments that ordered bond hearings or releases for illegal aliens.
The full Fifth Circuit has issued an extraordinary precedential order making clear that illegal aliens do not have a constitutional right to roam free in the United States during their removal proceedings. pic.twitter.com/oDyMOw1PXg
— Brett Shumate (@AAGShumate) July 22, 2026
The case was brought by illegal aliens who were detained by ICE and held under mandatory detention provisions while in removal proceedings. District courts had granted habeas corpus relief, saying prolonged mandatory detention violates the Fifth Amendment's Due Process Clause.
Big win for President Trump! Can deportable illegal aliens use the Constitution's Due Process Clause for release? The full Fifth Circuit took the case. And tipping their hand, today they stayed the district court order. Due Process habeas releases should be OVER in the Fifth pic.twitter.com/eN53L9z2WK
— Eric W. (@EWess92) July 22, 2026
This is a big win for the Trump administration.
Fifth Circuit Issues MAJOR Ruling That Orders Illegal Aliens To Stay Locked Up Before Deportation
— Benny Johnson (@bennyjohnson) July 22, 2026
AAG Brett Shumate declared: “Illegal aliens do not have a constitutional right to roam free in the United States during their removal proceedings.”
This is big. pic.twitter.com/mUfvZ2OQfP
DHS General Counsel James Percival also praised the ruling.
Another big win out of the 5th Circuit. DHS’s change in legal position on illegal alien detention restored the policy set by Congress and rejected a misreading of the law that perpetuated open borders for decades. It’s not too late to take a $2,600 check and a free flight home.… pic.twitter.com/yYXP8iuLzt
— James Percival (@DHSGenCounsel) July 21, 2026
The Trump administration made immigration enforcement and deportations a major part of its agenda, and while activist judges have been working to thwart the administration's immigration enforcement, this is a big step in the right direction.
