Your Right to a Bond Hearing Depends on Where You’re Detained

If you or a loved one is arrested by ICE inside the United States, one of the biggest questions is simple: can you ask a judge to be released on bond while your case moves forward? Right now, the answer depends on where you are detained. Federal appeals courts have split sharply over whether people arrested in the interior can be held with no bond hearing at all — so the same facts can lead to very different outcomes from one circuit to the next.

Read the full breakdown on our blog →

Bond hearing available (court ruled against the no-bond policy)
Recently changed — ruling vacated, under en banc review
Held without bond (court sided with the government)
Not yet decided in this circuit

Select your state on the map to see the current status in your federal circuit — or read the full table below.

Where each circuit stands
Status	Circuit	States & territories
Bond hearing available	Second Circuit	Vermont, New York, Connecticut
Bond hearing available	Sixth Circuit	Michigan, Ohio, Kentucky, Tennessee
Bond hearing available	Seventh Circuit	Wisconsin, Illinois, Indiana
Bond hearing available	Ninth Circuit	Alaska, Washington, Idaho, Montana, Oregon, Nevada, California, Arizona, Hawaii, Guam, N. Mariana Is.
Bond hearing available	Tenth Circuit	Wyoming, Utah, Colorado, New Mexico, Kansas, Oklahoma
Bond hearing available	Eleventh Circuit	Alabama, Georgia, Florida
Recently changed — under review	Fifth Circuit	Louisiana, Mississippi, Texas
Held without bond	Eighth Circuit	North Dakota, Minnesota, South Dakota, Iowa, Nebraska, Missouri, Arkansas
Not yet decided	First Circuit	Maine, New Hampshire, Massachusetts, Rhode Island, Puerto Rico
Not yet decided	Third Circuit	Pennsylvania, New Jersey, Delaware, U.S. Virgin Islands
Not yet decided	Fourth Circuit	West Virginia, Virginia, North Carolina, Maryland, South Carolina
Not yet decided	D.C. Circuit	District of Columbia

The 90-day rule — on hold. In July 2026 a Fifth Circuit panel held that people detained in this posture must receive a bond hearing within 90 days. The full Fifth Circuit then voted to rehear the case en banc, which vacated that ruling — so the 90-day requirement is not in effect right now. Argument before the full court is expected in the fall of 2026.

This could all change at once. In June 2026 the federal government asked the U.S. Supreme Court to allow detention without a bond hearing nationwide. If the Court takes the case, it could replace this circuit-by-circuit patchwork with a single rule for the whole country.

About our immigration blog

Our blog is where Slatton & Hass tracks fast-moving developments in immigration law — new court rulings, USCIS policy changes, and detention and bond issues — and translates them into plain language for the people they actually affect.

This map is built from that reporting. It is updated routinely, but it reflects only the data available as of its most recent update. Court decisions in this area change quickly; always confirm the current state of the law for your case with an attorney.

Bond vs. Habeas: Why It Feels Like Your Immigration Attorney Is Changing Strategy Every Week →

Map last updated: August 4, 2026.

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This page is general legal information, not legal advice, and does not create an attorney-client relationship. It is a plain-language summary of rapidly evolving litigation over immigration detention and bond. Court rulings summarized here may be appealed, stayed, narrowed, or reversed, and how any ruling applies depends on the specific facts of a case and the detention statute involved. For advice about a specific situation, speak with a qualified immigration attorney.