Appeals Court Rejects ICE Detention Policy, Setting Up Supreme Court Review
The U.S. Court of Appeals for the Fourth Circuit ruled Thursday that undocumented immigrants living in the U.S. are entitled to bond hearings while contesting deportation. The 2-1 decision rejected the Trump administration's argument that such immigrants can be held without bond as applicants for admission.
- 9 federal appeals courts have now rejected the administration's detention policy.
- Nearly 120,000 people were sent to internment camps during WWII, the majority cited.
- More than 460 federal judges have ruled against the administration's interpretation.
- The 5th and 8th Circuits have sided with the administration; nine circuits have not.
Why it matters: The July 2025 ICE policy change reclassified anyone who entered the country without inspection as an applicant for admission, making them subject to mandatory detention with no bond hearing during removal proceedings.
- Before that shift, administrations of both parties — including Trump's first term — generally applied mandatory detention only to recent border arrivals.
- Pepperdine law professor Jennifer Koh previously described the policy as a major shift that could let authorities detain people based solely on unlawful entry, regardless of how long they have lived in the U.S.
How 13 sources split on this story
Where they split: The legal dispute turns on whether Congress intended mandatory detention under Section 235(b) to apply to people who have lived inside the U.S. for years, not just those apprehended at the border.
Left coverage, 1 sources: The left frames the ruling as a necessary check on an unprecedented and legally reckless detention expansion that breaks from every prior administration.
Right coverage, 8 sources: The right emphasizes that Biden and Obama appointees drove the majority opinion, that the dissent argues the statute plainly supports the administration, and that activist judges are overriding a legitimate policy choice.
What’s next: The widening circuit split makes a Supreme Court petition from the administration likely.
- The Fourth Circuit affirmed bond hearing orders for the two named plaintiffs, both released after immigration judges found neither posed a danger or flight risk.
- Will the Supreme Court accept the case, and if so, when?
- How many detainees would be immediately affected if the administration's policy is permanently blocked nationwide?
