Appeals court rejects ICE detention policy, setting stage for SCOTUS
The court said the government’s reading could subject millions to detention without bond and compared mass detention to past U.S. internment programs.
- On Thursday, the Fourth Circuit Court rejected the Trump administration's policy of jailing longtime residents without bond hearings, handing Immigration and Customs Enforcement its ninth straight appellate defeat. The 2-1 ruling affirms both men are entitled to bond hearings.
- In July 2025, ICE issued guidance titled "Interim Guidance Regarding Detention Authority for Applicants for Admission," reclassifying long-term undocumented residents as 'applicants for admission' subject to mandatory detention without bond. This departed from decades of practice across multiple presidential administrations.
- The ruling deepens a widening divide among federal appeals courts; the Fifth and Eighth Circuits have upheld the government's interpretation. This split signals the Supreme Court may eventually step in to provide a nationwide answer to the detention authority question.
- If upheld, the administration's policy could subject millions of long-term residents to incarceration without due process based solely on unlawful entry. The ongoing legal fight moves toward a potential Supreme Court showdown over the scope of ICE detention powers.
49 Articles
49 Articles
Fourth Circuit Blocks Trump ICE Detention Policy
A federal appeals court has struck down the Trump administration's mandatory detention policy for illegal immigrants, comparing it to the World War II internment of Japanese Americans, a rhetorical escalation that all but guarantees the Supreme Court will step in. The 4th U.S. Circuit Court of Appeals ruled 2-1 on Thursday that ICE cannot hold […]
ICE Detention Policy Heading to SCOTUS After Being Compared to Japanese Internment by Biden Judge.
The 4th Circuit Court of Appeals has struck down ICE’s detention policy, setting the stage for a Supreme Court review. PULSE POINTS WHAT HAPPENED: The 4th Circuit Court of Appeals rejected U.S. Immigration and Customs Enforcement (ICE) policy on detaining migrants without bond, comparing it to the internment of Japanese Americans during World War II. The decision marks the ninth consecutive loss for ICE in federal appeals courts regarding this…
After 2-1 Appeals Court Decision, SCOTUS Set to Decide ICE Detention Policy
Politico A federal appeals court on Thursday rejected ICE’s effort to detain millions of people without bond, comparing it to the “historical stain” of Japanese internment during World War II. “Mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country’s history,” 4th Circuit Court of Appeals Judge Nicole Berner, a Biden appointee, wrote in a 2-1 majority opinion joined by Judge Ba…
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