News

Supreme Court grants review of Trump administration’s mandatory detention policy for immigrants

Supreme Court grants review of Trump administration’s mandatory detention policy for immigrants

The Supreme Court is seen on Capitol Hill in Washington, Aug. 25, 2026. (AP Photo/J. Scott Applewhite, file) Photo: Associated Press


By MICHAEL KUNZELMAN Associated Press
WASHINGTON (AP) — The Supreme Court on Thursday agreed to review a Trump administration policy denying bond hearings for immigrants as the government carries out a sweeping crackdown.
The justices will consider whether immigrants who have been living in the U.S. have a right to a hearing to determine if they should remain detained while challenging their possible deportation.
The case will test a key pillar of the Trump administration’s hard-line immigration agenda.
Most appeals courts to have considered the issue have found that it violates federal law to detain immigrants, including those living in the U.S. illegally, without a bond hearing. Those decisions conflict with rulings by the 5th and 8th circuits, which held that immigrants accused of illegally entering and remaining in the U.S. must be detained while their deportation cases are pending.
The high court agreed to hear the case of Ricardo Aparecido Barbosa da Cunha, a citizen of Brazil. Authorities say he entered the United States illegally two decades ago and applied for asylum in 2016. He sought a bond hearing after an immigration judge determined that his detention was mandatory following his September 2025 arrest.
President Donald Trump’s administration had urged the high court to take up a different but related case that involves the broader constitutional implications of the new policy.
Attorneys from the Republican administration argue the circuits’ split is “disrupting the orderly administration of immigration law.” They say the nation’s courts have been inundated with thousands of petitions filed by immigrants challenging the government’s legal interpretation.
“The result is an unworkable patchwork of inconsistent immigration enforcement, where aliens present without admission are subject to mandatory detention in some circuits but are entitled to bond hearings and often released in others,” lawyers for the administration wrote.
The plaintiffs are immigrants represented by the American Civil Liberties Union, which says hundreds of district court judges have joined most circuits in rejecting the Trump administration’s new reading of the statutes. Plaintiffs’ lawyers say the administration is trying to deny bond hearings for immigrants apprehended anywhere in the U.S. — no matter how long they’ve lived in the country — rather than limiting the restriction to noncitizens stopped at the border.
“Millions of noncitizens could be affected by the government’s new interpretation,” ACLU attorneys wrote.
The Trump administration says its new mandatory detention policy is legal under a 1996 immigration law. The policy change departs from the practices of prior administrations, which typically allowed most noncitizens without criminal records to request a bond hearing if they were arrested away from the border.
___
Follow the AP’s coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.

Recent Headlines

2 hours ago in Sports, Trending

World Series preview: Surprising Rays-Brewers showdown to open with Jacob Misiorowski’s record heat

Fresh

The Miz will try to whiz his famous fastball by batters on baseball's biggest stage, opening a new-look World Series between teams guaranteed to produce a first-time champion.

2 hours ago in Entertainment, Trending

Tom Skerritt, Emmy-winning actor with roles in ‘Picket Fences,’ ‘Alien’ and ‘Top Gun,’ dies at 93

Fresh

Tom Skerritt, the Emmy-winning actor who embodied a solid, wry authority figure, whether as a flight instructor in "Top Gun," a tough-but-fair sheriff on TV's "Picket Fences" or the doomed captain of "Alien," has died. He was 93.

8 hours ago in Sports, Trending

Atlanta Dream beat the Golden State Valkyries 97-71 for a 2-1 lead in the WNBA Finals

Angel Reese and the Atlanta Dream are halfway toward their ultimate goal of winning the franchise's first WNBA championship.

8 hours ago in Entertainment, Music

John Legend on Pharrell’s musical push, Jay-Z’s praise and new creative challenges with ‘Muse’

Jay-Z once told John Legend, "You're our voice." But Pharrell Williams had another idea for Legend's signature baritone: Sometimes, let it do more talking than singing.

2 days ago in Sports, Trending

Eagles are not being punished for handling of Jalen Hurts’ blood clots, AP source says

The Philadelphia Eagles are not being disciplined for how they handled quarterback Jalen Hurts' blood clots, according to a person with knowledge of the situation.