February 8, 2026

Friday night, the 5th Circuit Court of Appeals upheld the Trump administration’s policy subjecting all immigrants not legally admitted into the U.S. to mandatory detention and to being held without bond while they go through deportation proceedings. The policy makes no exception for those without a criminal record or for those who have resided in the country for decades.

Not surprisingly, that bit of fascism has prompted what Politico said was “a flood of lawsuits” from detainees arguing they had been illegally locked up without due process. Politico’s review of the cases found that at least 360 judges ruled in the detainees’ favor, in more than 3,000 cases. Only 27 judges ruled in favor of ICE, in about 130 cases.

The appeals court ruling also reversed the position of every administration for the last 30 years, Politico noted.

The 5th Circuit only serves three states: Texas, Louisiana and Mississippi. But it is “arguably the most right-wing federal appellate court in the country and has achieved outsize power in shaping this Supreme Court’s disruptive jurisprudence,” according to the Center for American Progress. This matter will probably go before the U.S. Supreme Court, Politico predicted.

Sadly, I think we can all predict that outcome.

Meanwhile, the 5th Circuit ruling will “impact thousands of people,” NBC News calculated, because Texas and Louisiana hold the most immigration detainees.

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