On Wednesday, March 25, 2026, the U.S. Court of Appeals for the Eighth Circuit ruled in favor of the Trump administration’s detention of individuals without the availability of bond. This interpretation—which has led to ongoing litigation—states that people who entered the U.S. without inspection and admission are not bond eligible (are subject to “mandatory detention.”)
The ruling on March 25, 2026, is not the first of its kind—this is the second time a regional appeals court has upheld this new interpretation of mandatory detention. Earlier this year, the U.S. Court of Appeals for the Fifth Circuit reversed a District Court’s order to provide petitioners who entered without inspection and admission with bond hearings or release them.
In the past, individuals who entered without inspection or admission were bond eligible. The new interpretation of mandatory detention has left many individuals who would have previously been bond eligible, detained for long periods of time. This new interpretation has attracted a lot of criticism and is likely to continue to be litigated for the foreseeable future.
