A divided 5th Circuit ruled 2-1 in favor of the Trump administration’s policy permitting detention of millions of undocumented immigrants without bond hearings, including long-time residents.

The ruling threatens a Supreme Court showdown as more appellate courts weigh in on similar challenges and the broader authority to detain interior noncitizens without bond hearings.

Judge Edith Jones wrote the majority opinion, joined by Judge Kyle Duncan, both Republican appointees, underscoring a conservative stance on immigration enforcement.

Dissenting Judge Dana Douglas warned the decision could permit detention without bond for up to about two million noncitizens, including long-term residents, highlighting concerns about due process and lack of precedent.

The ruling narrows opportunities for detained noncitizens to seek bond while their cases proceed, increasing government discretion to detain interior immigrants.

The decision primarily affects immigrants in Texas, Louisiana, and Mississippi and is the first federal appellate approval after many district rulings had deemed the policy unlawful.