February 7, 2026
5th Circuit: Indefinite detention without hearings. 360 judges said no, 2 say yes Ch. 11, 13
The 5th Circuit Court of Appeals issued a landmark ruling allowing the indefinite detention of immigrants without the right to bond hearings. In a 2-1 decision, conservative judges Edith Jones (Reagan appointee) and Kyle Duncan (Trump appointee) overturned hundreds of lower court rulings.
The numbers are striking: according to Politico, at least 360 federal judges had rejected the Trump administration's detention policy in over 3,000 cases. Only 27 judges had supported it in approximately 130 cases. Yet, two judges on a single circuit have now reversed this overwhelming consensus.
Judge Dana Douglas (Biden appointee), in her dissent, warned that the ruling could authorize detention without bond for two million people, some of whom have resided in the US for decades. Attorney General Pam Bondi celebrated the decision as "a significant blow against activist judges."
The ruling sets up a showdown at the Supreme Court. But the pattern is exactly what the book describes: judicial forum shopping toward conservative circuits, the systematic delegitimization of judges as "activists," and the use of the judicial system itself to consolidate policies that the majority of courts had rejected.
Sources: CBS News, NBC News, Washington Times