Law Dork

Immigrants Ask Fifth Circuit to Revisit Ruling on “Historically Unprecedented” Mandatory Detention Policy

Lawyers for immigrants have filed a petition asking the U.S. Court of Appeals for the Fifth Circuit to rehear en banc a 2‑1 panel decision that upheld the Trump administration’s 2025 mandatory detention policy. The panel, led by Judges Edith Jones and Kyle Duncan, concluded that the policy—requiring detention of all non‑citizens never admitted lawfully—is consistent with the Illegal Immigration Reform and Immigrant Responsibility Act. A dissent by Judge Dana Douglas warned the ruling creates a historically unprecedented detention regime. The petition is backed by the ACLU, the Kennedy Human Rights Center, and O’Connor & Associates.