Three consolidated cases challenging immigration enforcement actions by U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security proceeded before a panel of the Fifth Circuit. The cases involved challenges to ICE enforcement and removal operations conducted by officials including Miguel Vergara (San Antonio Field Office Director) and others. A panel issued a decision on July 2, 2026.
A majority of the active circuit judges voted on the court’s own motion to grant rehearing en banc. The panel opinion issued July 2, 2026 is VACATED. The consolidated cases will be reheard before the full court en banc, with oral argument to be scheduled at a later date. The clerk will establish a supplemental briefing schedule governing the filing of additional briefs.
En banc rehearings are uncommon and signal substantial concern among the circuit judges about the panel’s reasoning or result. The rehearing suggests the panel decision raised significant questions warranting full-court review, particularly in the immigration enforcement context involving challenges to DHS and ICE operations.