A federal appeals court has rejected the Trump administration’s practice of subjecting most people arrested in its immigration crackdown to mandatory detention without bond hearings. In a unanimous ruling on Tuesday, a panel of the New York-based US Court of Appeals for the Second Circuit said the administration relied on an incorrect interpretation of a decades-old immigration law.
Key Takeaways
The 2nd U.S. Circuit Court of Appeals rejected the Trump administration's policy of mandatory detention for most immigrants arrested in its crackdown, calling it an incorrect interpretation of immigration law. The ruling affects Connecticut, New York, and Vermont and is likely to be appealed to the Supreme Court.
- Federal appeals court rejects Trump administration’s mandatory ICE detention policy
- Policy would have detained millions without bond hearings
- Ruling aligns with over 370 lower-court judges who rejected the administration's position
- Department of Homeland Security vows to appeal and defend the policy
The court called the policy "the broadest mass-detention-without-bond mandate in our Nation's history for millions of noncitizens," warning that it would strain overcrowded facilities, separate families, and disrupt communities. The ruling creates a judicial divide, as other appeals courts have endorsed the Trump administration's interpretation.
The policy change led ICE to indefinitely hold detainees who entered the U.S. illegally years or even decades ago, including those without criminal records beyond alleged civil immigration violations. Previously, undocumented immigrants who had lived in the U.S. for years were generally eligible for bond hearings and could seek release if deemed not flight risks.
The ruling upheld an order by a New York judge that led to the release of Brazilian national Ricardo Aparecido Barbosa da Cunha, who was arrested by immigration officials last year while driving to work after living in the U.S. for over 20 years. The Department of Homeland Security vowed to appeal and defend the policy.
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