Thread: 5th Circuit: Illegal Alien Detentions Can Continue Before Deportation

5th Circuit: Illegal Alien Detentions Can Continue Before Deportation

By Ethan BuchananJul 24, 2026

In a major victory for President Trump’s border security and interior enforcement efforts, the Fifth Circuit Court of Appeals has issued a ruling blocking a lower court order that released some illegal aliens who claimed they were being held without due process.

William Gheen with Americans for Legal Immigration Political Action Committee (ALIPAC) praised the move, saying: “The penalty for illegally immigrating is to be deported. Any illegal alien who doesn’t like this, doesn’t wanna be detained, is free to get a free flight home.”

That sentiment was echoed by the general counsel of the Department of Homeland Security, James Percival. He posted on X, saying: “DHS’s change in legal position on illegal alien detention restored the policy set by Congress and rejected a misreading of the law that perpetuated open borders for decades. It’s not too late to take a $2,600 check and a free flight home.”

Another big win out of the 5th Circuit. DHS’s change in legal position on illegal alien detention restored the policy set by Congress and rejected a misreading of the law that perpetuated open borders for decades. It’s not too late to take a $2,600 check and a free flight home.… pic.twitter.com/yYXP8iuLzt
— James Percival (@DHSGenCounsel) July 21, 2026

Gheen predicted that being able to continue holding these illegal aliens before they’re deported should help reduce a lot of crimes associated with illegal aliens. “Hit-and-runs, murders, and drug dealers—once these illegal aliens are on the run, it’s really hard to catch them, so you really need to process them and take care of business while you have them,” he said.

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