The Supreme Court will hear a challenge to the Trump administration’s mandatory detention policy for illegal immigrants.
Supreme Court to Review Trump Detention Policy
The justices agreed Thursday to take up the case after the administration asked the court to review ICE’s mandatory detention rule.
The dispute centers on whether noncitizens held while fighting deportation are entitled to bond hearings, a question that has split the federal appeals courts.
Nine appellate courts have rejected the administration’s reading of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, while the Fifth and Eighth Circuits have upheld it.
The case stems from a ruling by the Second Circuit Court of Appeals involving Ricardo Aparecido Barbosa da Cunha, a Brazilian national who entered the U.S. without inspection more than two decades ago.
Barbosa applied for asylum in 2016, received work authorization, and was arrested by ICE in September 2025.
He argues that his detention falls under a provision allowing bond hearings, a view the district court and the Second Circuit agreed with.
An immigration judge later found he was not a flight risk or danger and ordered his release on bond.
The Department of Homeland Security issued guidance in July 2025 that reinterpreted the 1996 law to permit mandatory detention without bond until removal proceedings end.
The policy has increased the detained population to about 70,000, up from 40,000 before the 2025 inauguration.
The Supreme Court’s decision will determine if the government can legally deny bond hearings to long‑term illegal residents.
