Circuit Court Decides Illegal Aliens Do Not Have the Constitutional Right to Park in the Country

On Tuesday, the Fifth Circuit Court of Appeals issued a consequential ruling that is a major volley in the battle against activist judges who work to keep illegal aliens in the country.

From our sister site Townhall:

The full Fifth Circuit has issued an extraordinary precedential order making clear that illegal aliens do not have a constitutional right to roam free in the United States during their removal proceedings. pic.twitter.com/oDyMOw1PXg
— Brett Shumate (@AAGShumate) July 22, 2026

The Fifth Circuit Court of Appeals just issued a major ruling that will likely impact immigration enforcement going forward. The Court announced a per curiam order in several consolidated cases, including Ignacio Sosnava Rodriguez v. Sylvester M. Ortega, granting the government's motion to stay district court judgments that ordered bond hearings or releases for illegal aliens.

These lawsuits were brought by three illegal aliens, and with each appeal the United States Supreme Court decided to consolidate the cases. The illegals came over the Southern border quite some time ago, domiciled in the U.S., and managed to stay under the radar. That is, until each was swept up and detained by Immigration and Customs Enforcement (ICE) under mandatory provisions. They have remained in detention as they await removal proceedings.

The district court judges granted the illegals habeas corpus relief, ruling that the prolonged mandatory detention violated the Fifth Amendment's due process clause. On July 2, the Fifth Circuit Court of Appeals first ruled in favor of the plaintiffs, holding that persons detained in Texas, Louisiana, and Mississippi should have a right to a bond hearing within 90 days, and that DHS must give justification on why the illegal aliens have been detained. If a bond hearing could not be provided within that timeframe, then the detainees should be released. However, on July 10, the Fifth Circuit changed course and vacated this order, deeming the matter so consequential that it required a hearing before the full Fifth Circuit Court, and not just a panel of judges.

Watch As Tom Homan Shuts Down Fake News Attack on ICE

DHS made the argument that it does not matter how long someone has parked themselves in the country or what "strong ties" they might have developed in the community. Illegal aliens have no constitutional right to challenge whether their imprisonment is justified. Full stop. This fuels further the debate on whether a person in the country illegally has any rights under our U.S. Constitution.

Thus far, the Fifth Circuit has leaned toward, "NO."

The stay suggests a majority of the en banc court believes the government has a substantial likelihood of prevailing or, at a minimum, that the panel's constitutional rule should not remain in effect while the case is reconsidered.
— SCOTUS Wire (@scotus_wire) July 22, 2026

The leftist National Immigration Project has followed the case closely, and surmised:

A Fifth Circuit ruling against these men would mean that everyone detained within its jurisdiction who entered the country without a visa — no matter how long ago, no matter their family ties or community roots — could be held during their immigration proceedings without any way to challenge this detention.

And thus, it has come to pass.

The Department of Homeland Security (DHS) General Counsel James Percival applauded the ruling and encouraged the plaintiffs to take advantage of the $2,600 bonus and a free plane ride home, which by and large, beats three hots and a cot in detention.

Another big win out of the 5th Circuit. DHS’s change in legal position on illegal alien detention restored the policy set by Congress and rejected a misreading of the law that perpetuated open borders for decades. It’s not too late to take a $2,600 check and a free flight home.

Another big win out of the 5th Circuit. DHS’s change in legal position on illegal alien detention restored the policy set by Congress and rejected a misreading of the law that perpetuated open borders for decades. It’s not too late to take a $2,600 check and a free flight home.… pic.twitter.com/yYXP8iuLzt
— James Percival (@DHSGenCounsel) July 21, 2026

Editor’s Note: Thanks to President Trump, illegal immigration into our great country has virtually stopped. Despite the radical left's lies, new legislation wasn't needed to secure our border, just a new president.

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