Federal Judges Rule ICE Can Keep Detaining People Indefinitely

Edith Olmsted / The New Republic

The federal appeals court denied that detained immigrants have certain constitutional rights.

A federal appeals court on Friday stripped due process rights from hundreds of immigrants held by Immigration and Custom Enforcement. 

In a 10–7 en banc decision, the Fifth Circuit Court of Appeals ruled that ICE detainees with pending immigration hearings are not entitled to receive a bond hearing, where a judge could assess their dangerousness and flight risk, regardless of how long they have been in detention. 

The decision blocks efforts by federal judges who have been ordering the release of hundreds of immigrants—many of whom have no criminal record and have deep ties to the United States—held without bond by ICE’s mass deportation policy.

After the Fifth Circuit upheld ICE’s policy in February, other federal judges discovered that they were able to argue that detention violated immigrants’ constitutional due process rights. In the past year, judges have ruled against detentions without bond more than 21,150 times. The Fifth Circuit has now choked off that legal argument.

The case will likely head to the Supreme Court, which is set to decide on a number of immigration reform cases in the coming term. 

The Justice Department  charged two former FBI agents Friday with lying to Congress during the Hunter Biden laptop investigation.

Former intelligence analyst Nikki Floris, who ran the intelligence division at the Washington Field Office, and Bradley Benavides, a former deputy assistant director for counterintelligence, surrendered on arrest warrants earlier Friday. During the following hearing in Washington, U.S. Magistrate Judge Zia M. Faruqui said that the case pertained to “Hunter Biden’s laptop, investigations around that.”

Floris’s attorney condemned the charges in a statement. “Nikki Floris is a patriot. She served our nation as a dedicated FBI intelligence officer for nearly 20 years. Yet today, the [Justice Department] has accused her falsely of a crime on the say-so of politicians, not on the facts. It’s no coincidence the government is filing these nonsense charges now, years later, on the eve of an election,” the statement said. The charges come just 10 days before the midterms.

The laptop scandal began in December 2019, when a Wilmington, Delaware–area computer repair shop owner gave an abandoned laptop purportedly belonging to Biden to Donald Trump’s former personal attorney Rudy Giuliani. Giuliani then handed a copy of the laptop’s hard drive to local law enforcement, which handed over the contents to the FBI.

In the years that followed, Republicans leveraged the laptop’s myriad contents to escalate scrutiny and speculation surrounding the Biden family’s business dealings with Burisma, a Ukrainian natural gas and energy company.

Giuliani and Steve Bannon, Trump’s former chief strategist, insisted that the laptop contained evidence that the Biden family made millions of dollars after former President Joe Biden and a Burisma adviser held a meeting. (The New York Post, which ran the original story on its front page, later said that the contents of the laptop were mixed with fake material and that most of the data could not be verified.)

The alleged meeting became central to an impeachment probe against the elder Biden. Republicans claimed at the time that Biden had engaged in corruption, and had peddled the influence of his vice presidency to rake in cash.

Floris and Benavides briefed Republican lawmakers in 2020 about the contents of the laptop as part of a congressional investigation. Senator Chuck Grassley has since claimed that the pair gave the briefing in order to cast the probe as Russian disinformation.

But the entire investigation fell apart in 2024 after its star witness, Alexander Smirnov, admitted the conspiracy was in fact Russian disinformation. Smirnov admitted to Justice Department prosecutors that “officials associated with Russian intelligence were involved” in fabricating the Hunter Biden narrative. In the ensuing fallout, Smirnov told investigators he was in contact with “four different [top] Russian officials,” two of whom were the “heads of the entities they represent.”

President Trump brushed aside questions Friday about interruptions to Starlink service for Ukraine, following complaints from Ukrainian President Volodymyr Zelenskiy earlier in the day.

“You must know now who ordered the Starlink access in Ukraine to be restricted. Who was it?” a reporter asked Trump outside of the White House. Trump denied any knowledge, and replied, “Well, I wouldn’t tell you if I did,” asking who the reporter worked for. When she said, “CNN,” he chuckled.

“Why would I tell CNN?” Trump said, before saying the network did some “nice polls” on him recently. 

Earlier in the day, Zelenskiy said regarding Starlink that “the speed has not been restored,” despite Trump’s claim that Elon Musk, who owns the company, had restored access. Ukrainian military and government officials told The Wall Street Journal that connections were failing at higher drone speeds, hurting defense capabilities. Another reporter asked Trump if he had told Musk  to stop messing around with Ukraine’s connection. 

“I have not spoken to him. I might have to, but I have not. I’ve heard it was fixed, but if it’s not, I’ll speak to him,” Trump said. 

Trump and Musk are each blaming each other for the decision to throttle Ukraine’s Starlink service last week, which allowed Russia to launch a massive aerial attack on the country. The Wall Street Journal earlier this week reported that Musk in fact ordered internet speeds to slow down, and discussed the decision with Trump ahead of time. 

In other world news:

The White House was involved in the FBI’s Epstein files cover-up all along.

The FBI’s July 2025 Epstein files memo immediately blew up in the bureau’s face. Its declaration that there was no “client list,” no punishable co-conspirators, and no grounds for further investigation both infuriated the president’s MAGA voter base and started the long domino effect that would eventually oust ex–Attorney General Pam Bondi.

Trump administration messages obtained by Raw Story revealed Friday that Taylor Budowich, then the White House deputy chief of staff, had his fingers in the FBI’s drafting process prior to the memo’s public release.

“Have something I can edit?” Budowich emailed FBI Director Kash Patel two weeks before the memo was released. The email’s subject line read: “Re: Draft memo from DOJ—we have not edited it yet.”

“Just got it from DOJ. Here you go. Thanks,” Patel responded hours later.

The next day, Budowich told Patel that he had passed the draft along to the White House communications team, noting that the message needed to be pasted on DOJ and FBI letterhead, according to Raw Story.

Almost a week later, then–Deputy Attorney General Todd Blanche sent a “final version” to Budowich. It failed to meet Budowich’s expectations, however, lacking the identifying seal of the Justice Department.

“I need a version on letterhead,” Budowich repeated. “Someone needs to own this. I can’t give a doc to a reporter that could easily be confused with a [high school] term paper, so need to provide some validation of the doc.”

Diego Pestana, Blanche’s counsel, fulfilled Budowich’s request an hour and a half later.

“These records show that Kash Patel worked hand in hand with the former White House deputy chief of staff on the 2025 DOJ-FBI memo, which stated there would be no further investigation or release of the Epstein files,” Chris Swartz, senior counsel and deputy director of ethics and anti-corruption at the Democracy Defenders Fund, told Raw Story. 

“It’s deeply concerning that the FBI coordinated with the White House on this memo, given President Trump’s well-documented association with Jeffrey Epstein and Trump’s frequent mention in the files,” Swartz added.