Due-Process Rights for Immigrant Detainees Tests Fifth Circuit

April 29, 2026, 8:15 PM UTC

A Fifth Circuit panel appeared fractured on whether the Trump administration violated detained noncitizens’ due-process rights by denying them an opportunity to argue for their release.

Judges Leslie Southwick, James Graves, and Cory Wilson Wednesday became the second Fifth Circuit panel to hear arguments on the Trump administration’s new policy of mandatory detention for noncitizens arrested within the country.

A separate, divided Fifth Circuit panel found in February that the policy is permitted under the text of an immigration statute. On Wednesday, Wilson repeatedly pressed a lawyer for three noncitizens on how their procedural due-process protections could be at issue. ...

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