Second appeals court upholds ICE's detention and deportation policy

A second appeals court upheld the detention and deportation policy of U.S. Immigration and Customs Enforcement (ICE). Judges on the Eighth Circuit Court of Appeals ruled that the Department of Homeland Security (DHS) has a legal basis to detain people without the possibility of bond before they are deported.

The case revolved around Joaquín Herrera Ávila, a Mexican citizen detained in August 2025 in Minnesota, who did not have papers proving his legal entry into the United States. He was detained without bail and faced deportation proceedings.

Subsequently, a district court in Minnesota ruled in Avila's favor and challenged the legality of his detention, which was quickly appealed by the Trump Administration.

In a 2-1 decision, judges on the Eighth Circuit Court of Appeals ruled in favor of the White House. Judge Bobby Shepherd, nominated by President George W. Bush, wrote the majority opinion. Shepherd remarked that the federal government can hold certain immigrants in detention without giving them a hearing to request bail while their deportation proceedings move forward.

The key point of the ruling was the interpretation of the category of "applicant for admission" under U.S. immigration law. That figure arises from the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.

The law provides that certain persons seeking to enter the country may be subject to mandatory detention without bond. Traditionally, that category applied to those who were attempting to enter the country, but the court endorsed a broader interpretation advocated by the White House, according to which it also includes immigrants who are already inside the country without legal status. Therefore, for purposes of the law, he is still considered, for legal purposes, as someone "seeking admission."

"The Eighth Circuit has held that illegal aliens can be detained without bond, following a similar ruling from the Fifth Circuit last month. The law is very clear, but Democrats and activist judges haven’t wanted to enforce it. This administration WILL," Attorney General Pam Bondi said after the ruling became known.

"Imagine how many illegal alien crimes could have been averted if the left had simply followed the law? Our attorneys will never stop fighting for President Trump’s agenda," he added.

This is the second similar ruling in a few weeks. In February, the Fifth Circuit Court of Appeals allowed detention without bond even for immigrants who had been living in the United States for years.