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)
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	First Circuit	Maine, New Hampshire, Massachusetts, Rhode Island, Puerto Rico
Bond hearing available	Second Circuit	Vermont, New York, Connecticut
Bond hearing available	Third Circuit	Pennsylvania, New Jersey, Delaware, U.S. Virgin Islands
Bond hearing available	Fourth Circuit	West Virginia, Virginia, North Carolina, Maryland, South Carolina
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
Held without bond	Fifth Circuit	Louisiana, Mississippi, Texas
Held without bond	Eighth Circuit	North Dakota, Minnesota, South Dakota, Iowa, Nebraska, Missouri, Arkansas
Not yet decided	D.C. Circuit	District of Columbia

The 90-day rule is gone. In July 2026 a Fifth Circuit panel held that people detained in this posture had to get a bond hearing within 90 days. The full Fifth Circuit then reheard the case itself, and on October 23, 2026 it ruled the other way: no bond hearing is required. The 90-day rule is no longer the law anywhere, and Texas, Louisiana, and Mississippi are now red on this map.

The Supreme Court is going to decide this. On October 1, 2026 the U.S. Supreme Court agreed to hear Rhoney v. Barbosa da Cunha, which asks whether people who entered without inspection and were arrested later, inside the country, must be detained without a bond hearing. A ruling would replace this circuit-by-circuit patchwork with one rule for the whole country. No argument date has been set yet, and nothing about the grant changes anyone's custody today.

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.

The Third Circuit Ruled on Bond Hearings. Here Is What It Actually Means →

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

Map last updated: October 27, 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.