Fifth Circuit Delivers UNANIMOUS Victory for Trump on Immigration — Court REFUSES Rehearing, Upholds Authority to Detain Illegal Aliens During Deportation
The U.S. Court of Appeals for the Fifth Circuit has just dealt a crushing blow to open-borders activists.
The full Fifth Circuit REFUSED to grant en banc rehearing in the critical case Buenrostro-Mendez v. Bondi, locking in its earlier February 2026 panel ruling that upholds the Trump administration’s full authority to detain illegal aliens without bond hearings while their deportation proceedings move forward.
No dissents. No hesitation. Just pure, unadulterated common sense from the court.
Big win for President Trump on immigration. Can President Trump detain illegal immigrants during the deportation process? Every Circuit court to reach the merits has answered that question “Yes.” Today, the full Fifth Circuit declined to rehear the case. No Judge dissented. pic.twitter.com/4FTk2vVKTm
— Eric W. (@EWess92) April 9, 2026
As we reported right here at The Gateway Pundit back in February, the original 2-1 panel decision, written by Judge Edith Jones and joined by Judge Kyle Duncan, correctly held that illegal aliens who entered without inspection are “applicants for admission” subject to mandatory detention under 8 U.S.C. § 1225(b).
Even long-term illegal residents who snuck in years ago get no automatic bond hearings to waltz back into American communities.
This victory comes on the heels of similar wins, including the Eighth Circuit’s recent ruling siding with the Trump administration on detention without bond.
The 8th Circuit overturned a Minnesota activist district judge’s outrageous ruling that would have handed bond hearings to illegal aliens like Joaquin Herrera Avila, a repeat border invader from Mexico who snuck into the U.S. illegally in 2006 and again in 2016.
The 8th Circuit ruled that aliens present in the United States without lawful admission are “applicants for admission” and “seeking admission” under 8 U.S.C. § 1225(b)(2)(A), meaning ICE can detain them without bond while removal proceedings grind forward.
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