Key facts
- A fourth federal appeals court has rejected the Trump administration's policy of mandatory detention for noncitizens.
- The policy interprets a 30-year-old immigration statute to subject all individuals targeted for deportation by ICE to mandatory detention.
- This ruling aligns with similar decisions in the 11th, 2nd, and 6th Circuits.
- The 5th and 8th Circuits have previously ruled in favor of the administration's policy.
- Over 460 federal judges have rejected the administration's approach in more than 9,500 cases.
- The Justice Department has petitioned the Supreme Court to take up the issue.
A fourth federal appeals court has rejected the Trump administration's policy of mandatory detention for noncitizens, echoing similar decisions in three other circuits. The ruling, authored by Judge Federico joined by Judges Robert Bacharach and David Ebel, stated that thousands of noncitizens are likely subject to mandatory detention under the government's interpretation of a 30-year-old immigration statute.
The policy, adopted nearly a year ago by ICE, treats anyone targeted for deportation as an "applicant for admission," subjecting them to mandatory detention without bond. This interpretation was further supported in October by the Board of Immigration Appeals. The policy has led to a surge in emergency lawsuits, overwhelming courthouses and the Justice Department.
While five circuits have now weighed in, two appeals courts—the 5th and 8th Circuits—have sided with the administration. Rulings are still pending in five other circuits. Beyond the appellate split, more than 460 federal judges have rejected the administration's approach in over 9,500 cases, compared to 54 judges who have endorsed it in approximately 1,000 cases. The Justice Department has petitioned the Supreme Court to resolve the conflicting rulings.