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Appeals Court Rejects Trump Administration's Mandatory ICE Detention Policy

The ruling deepens a split over a policy that would keep millions of noncitizens jailed without bond, judges wrote.

  • On Tuesday, the New York-based 2nd Circuit Court of Appeals rejected the Trump administration's policy of mandatory detention for long-term immigrants, affecting Connecticut, New York and Vermont.
  • Last year, the Department of Homeland Security reinterpreted a 1990s immigration law, classifying long-term residents as "applicants for admission" and subjecting them to mandatory detention without bond hearings.
  • Circuit Judge Joseph Bianco sided with over 370 lower-court judges rejecting the administration's position, warning the policy would create the "broadest mass-detention-without-bond mandate in our Nation's history for millions of noncitizens."
  • DHS vowed to continue enforcement, claiming "judicial activists have been repeatedly overruled by the Supreme Court," while the 5th and 8th Circuit Courts previously endorsed the policy, raising Supreme Court intervention odds.
  • The decision upholds release of Ricardo Aparecido Barbosa, a Brazilian national detained after living in the United States for over 20 years, which Michael Tan of the American Civil Liberties Union praised.
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April 28, 2026 – NEW YORK – Agencies. The Court of Appeals of the Second Circuit today rejected the Trump administration’s new policy of subjecting millions of immigrants to mandatory detention based on their way of entry, regardless of how long they have lived in the country. For decades, immigrants in removal proceedings who are detained by the government have generally had the right to seek their release before an immigration judge. By mid 20…

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Reuters broke the news in United Kingdom on Tuesday, April 28, 2026.
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