Full Fifth Circuit Issues Extraordinary Order Staying Lower Court Rulings, Signaling Illegal Aliens DO NOT HAVE CONSTITUTIONAL RIGHT to Be Free During Removal Proceedings

In a major victory for the Trump administration’s immigration enforcement agenda, the full U.S. Court of Appeals for the Fifth Circuit issued an extraordinary published order staying three district court rulings that had required bond hearings or release for illegal aliens challenging their detention during removal proceedings.

The unanimous action from the full Fifth Circuit effectively blocks lower court rulings that had ordered the release of three illegal aliens and makes clear that the administration may continue enforcing its detention policy while the full court considers the underlying constitutional questions.

The court granted the government’s motion to stay the district court judgments pending rehearing en banc, preventing the releases ordered by the lower courts.

The order stems from consolidated cases involving three illegal aliens who entered the United States unlawfully years ago (Ignacio Sosnava Rodriguez v. Sylvester M. Ortega (and companions involving Alejandro Villegas Angel and Miguel Angel Gomez Alvarado), and challenged the Trump administration’s policy of mandatory immigration detention without individualized bond hearings.

Earlier this month, a divided three-judge Fifth Circuit panel ruled that the detainees were entitled to bond hearings after 90 days in custody on due process grounds, creating a conflict with the court’s earlier precedent and triggering a request for rehearing by the full court.

Tuesday’s order immediately suspends those district court rulings while the en banc Fifth Circuit reviews the case, ensuring ICE may continue detaining the illegal aliens rather than releasing them into American communities.

The published order grants the government’s request for a stay pending rehearing and expedites consideration of the matter.

Assistant Attorney General Brett Shumate hailed the ruling on X:

“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.”

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

As The Gateway Pundit previously reported, the Fifth Circuit has consistently backed the administration’s authority to detain illegal aliens without bond hearings under federal immigration law. In April, the full Fifth Circuit declined to rehear Buenrostro-Mendez v. Bondi, leaving intact a panel decision holding that illegal aliens who entered the country unlawfully are subject to mandatory detention under federal law while their removal proceedings are pending.

That ruling concluded that illegal aliens who entered without inspection remain “applicants for admission” under the Immigration and Nationality Act and therefore may be detained without automatic bond hearings during the deportation process.

Tuesday’s precedential order reinforces that position by ensuring the administration’s detention policy remains in force while the full Fifth Circuit weighs the constitutional issues.