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Fifth Circuit Detention Ruling Has Signal for Colorado

Ashe Epp
February 10, 2026
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The US Court of Appeals for the Fifth Circuit on Friday reversed two district-court orders requiring bond hearings or release for detained noncitizens, holding the government may detain certain “applicants for admission” without bond during removal proceedings under 8 U.S.C. § 1225(b)(2)(A).

The ruling came in Buenrostro-Mendez v. Bondi, consolidated with Padron Covarrubias v. Vergara.

After the decision, Attorney General Pam Bondi posted that Justice Department attorneys had secured a “crucial legal victory” supporting the administration’s immigration agenda.

DHS Secretary Kristi Noem posted that DHS was right all along.

The idea that the government can’t detain criminal invaders on their way out of the country is a perversion of our laws and standards.

You cannot have full sovereignty as a state without territory and, therefore, you must have borders. That’s governed by law and, if law is broken, there must be consistent consequences.

That’s what “rule of law” means.

It’s debatable if we’ve actually had that in our lifetimes, but narratively, it’s our standard. We’re entitled to demand its consistency.

A “sovereign state” exercises supreme authority over their territory — by definition…that’s what a sovereign state is — and this supreme authority is critical in America, in particular, because of our unique perspective on liberty and rights.

We have to guard against turning our nation’s liberty into licentiousness.

We’ve not been great at that...at the border and certainly not in Colorado.

Following the Biden-era criminal invasion, every state is a border state. That means the federal government has the duty — not just the right, but the duty to its people — to remove the criminal invaders and make America safe again.

All the weeping and gnashing won’t change the reality that America is a sovereign nation and must consistently enforce the laws (including the immigration ones).

And now, thanks to the Fifth Circuit, once they’re found, those criminal invaders will remain detained until their one-way flight to their final destination from wherever they're found... including Colorado.


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Author

Ashe Epp

Ashe Epp is the Editor of the Colorado Free Press, a CDM contributor, and local writer and liberty advocate. Find all of Ashe's work at linktr.ee/asheinamerica.
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