Appeals Court: Migrants Must Get Bond Hearings After 90 Days
A federal appeals court has ruled that the Trump administration cannot continue holding certain migrants in immigration detention for more than 90 days without giving them a bond hearing, a decision that limits how long people can be detained while their immigration cases move forward.
The ruling came from a U.S. appeals court reviewing challenges to prolonged immigration detention practices. The court said migrants covered by the decision must receive an individualized bond hearing after 90 days in custody, rather than remaining detained automatically while their immigration proceedings continue.
The case centers on detention authority used to hold migrants during removal proceedings. Under the court’s ruling, the government may not rely on detention beyond the 90-day mark without providing a hearing at which an immigration judge can assess whether continued detention is justified and whether release on bond is appropriate.
The decision affects the federal government’s ability to keep migrants locked up for extended periods without a hearing to test the necessity of continued custody. Bond hearings generally allow a detainee to argue for release, and require the government to justify continued detention under the applicable legal standards.
The court’s order represents a significant constraint on immigration detention policy because it places a time limit on detention without judicial review in the form of a bond hearing. Immigration cases can take months or longer to resolve, and detention decisions made at the outset of a case can keep people in custody for long stretches if no later review is required.
By requiring a bond hearing after 90 days, the ruling adds a procedural safeguard and increases the role of immigration judges in determining whether continued detention is warranted. It also has practical implications for Immigration and Customs Enforcement, which manages detention operations and makes custody decisions while cases are pending.
The decision is the latest in ongoing litigation over how immigration detention should be handled and what process detainees are entitled to receive. It also arrives amid heightened attention to detention practices, including the length of time people can be held while waiting for immigration court proceedings to conclude.
What happens next will depend on how the ruling is implemented and whether further legal steps are pursued. The federal government may seek additional review, including asking the full appeals court to reconsider the panel’s decision or pursuing review at the U.S. Supreme Court. In the meantime, the ruling sets a clear requirement for bond hearings once detention crosses the 90-day threshold for migrants covered by the case.
Immigration attorneys and advocacy groups are expected to press for prompt application of the decision to eligible detainees, while federal officials will need to adjust procedures to ensure bond hearings are provided on time where required.
The ruling underscores the court’s view that prolonged immigration detention without a bond hearing cannot continue past 90 days under the legal framework at issue, reshaping how long migrants can be held without an individualized review of their custody.
