Eighth Circuit Upholds Immigrant Detention Without Bond, Overturns Minnesota Court Decision
March 26, 2026
An appeals court in the Eighth Circuit ruled that the United States can continue detaining immigrants without bond, overturning a Minnesota district court that had required bond hearings for detainees like Joaquin Herrera Avila.
Circuit Judge Bobby E. Shepherd authored the majority opinion (2-1); Circuit Judge Ralph R. Erickson dissented, arguing Avila could have had a bond hearing during deportation proceedings and criticizing the ruling as a new interpretation of an 'alien seeking admission.'
The Avila case centered on whether he should receive immediate release or a bond hearing; the court held that an 'applicant for admission' is also an alien 'seeking admission,' which justifies detention without bond.
Advocacy groups like the ACLU said they are evaluating next steps in litigation after the ruling.
The Trump administration had already secured a similar upholding from the Fifth Circuit earlier, marking the first appellate level to sustain the policy.
The ruling supports the administration's broader immigration enforcement policies and drew mixed reactions from supporters and civil liberties groups, with the ACLU representing Avila.
The decisions contrast with several lower court rulings across the country that had deemed the practice illegal.
The Justice Department pushed for swift review amid a flood of lawsuits and after enforcement slowed following fatal shootings of two U.S. citizens in Minneapolis by immigration agents.
The decision, issued 2-1, marks the second time a regional appeals court has upheld the mass detention policy after numerous lower courts had found it unlawful.
The ruling will impact lawsuits filed in Minnesota, where over 400 cases were brought in January by detainees alleging wrongful detention during Operation Metro Surge.
The decision adds to ongoing legal developments on immigration detention and bond hearings across multiple circuits.
The broader legal issue centers on habeas corpus rights and whether the government must obtain a neutral judge’s approval before detaining noncitizens lacking lawful admission, with more than 30,000 habeas petitions filed since 2017, many succeeding.
Summary based on 9 sources
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Sources

The Guardian • Mar 26, 2026
Appeals court rules US can continue to detain immigrants without bond
Reuters • Mar 25, 2026
Second US appeals court upholds Trump's immigration detention policy
AP News • Mar 26, 2026
Immigrants can be detained without bond, US court rules | AP News
U.S. News & World Report • Mar 26, 2026
US Appeals Court Sides With Trump Administration on Detaining Immigrants Without Bond