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A federal appeals court in Philadelphia ruled Friday that a Trump administration policy mandating detention of nearly all undocumented immigrants violates the Fifth Amendment and federal immigration law.
The U.S. Immigration and Customs Enforcement policy enacted in July 2025 calls for most undocumented immigrants to be detained and held without a bond hearing, even if they have been in the country for years and are pursuing legal status through official channels.
The policy is a drastic shift in decades of government practice, with ICE arguing that a federal immigration statute that mandates detention for people seeking admission to the U.S. at the border also applies to noncitizens who have been living within the country.
The U.S. Court of Appeals for the 3rd Circuit joined seven other federal appeals courts Friday in rejecting that policy, ruling 2-1 that the practice violates the Fifth Amendment’s Due Process Clause as well as federal immigration law. Two other federal appeals courts have ruled in favor of the directive.
The Justice Department did not immediately respond to a request for comment.