US Court of Appeals upholds right of ICE to hold captured illegal aliens without bond hearings | Eastern NC Now

The United States Circuit Court of Appeals for the Fifth Circuit has overturned three rogue district judges and upheld ICE's power to hold captured illegal aliens without holding bond hearings.  The court took the unusual step of holding an en banc hearing on the matter on its own motion after a three judge panel had ruled the other way.  An en banc hearing means all judges of the court participate instead of just a panel of three.

"Our country's sovereignty is not a national game of Red Rover.  Our Constitution does not reward aliens for breaking through our border," wrote Judge James Ho in a concurring opinion.  "This case amounts to a clear and stark choice.  Either our nation has the sovereign power to enforce its borders, or it doesn't.  Foreigners can either claim a constitutional right to travel across our country unrestricted, and regardless of whatever laws Congress may wish to pass - or they can't.  It can be one or it can be the other, but it cannot be both."

https://redstate.com/smoosieq/2026/10/23/not-a-national-game-of-red-rover-5th-circuit-hands-trump-major-ice-detention-victory-n2208539