A federal appeals court has upheld a policy allowing Immigration and Customs Enforcement to detain migrants awaiting deportation without bond, while immigration advocates continue to challenge individual detention cases.

In a 2-1 ruling Wednesday, the Eighth Circuit Court of Appeals determined that the Department of Homeland Security was justified in detaining people without the possibility of bond hearings. The decision was issued by a panel of Republican-appointed judges.

Meanwhile, lawyers are highlighting the case of a Venezuelan mother of two who they say has been unlawfully detained by ICE despite having applications in process for asylum and a visa designed for victims of trafficking. The woman was arrested during a routine ICE check-in and separated from her children, aged 18 months and four years.

According to her legal representatives, the woman was allegedly trafficked to the United States and could face deportation while her accused trafficker remains free. Her lawyers argue the detention violates legal protections for trafficking victims who are cooperating with authorities.

The appeals court ruling specifically addresses the broader authority of immigration officials to detain individuals during removal proceedings, a policy that has been subject to ongoing legal challenges since its implementation.

Immigration advocates have argued that indefinite detention without bond hearings violates due process rights, while government attorneys maintain that such detention is necessary for immigration enforcement and public safety.