Appeals Court Rejects Trump’s No-Bond Immigration Detentions, Setting Stage for Supreme Court Review

A federal appeals court ruled Tuesday the Trump administration cannot jail immigrants without the chance to seek bond, citing “serious constitutional questions” related to what it said would otherwise be the broadest mass-detention-without-bond mandate in the nation’s history for millions of noncitizens.

The unanimous ruling from a panel of the 2nd U.S. Circuit Court of Appeals in New York City sets the stage for a possible U.S. Supreme Court appeal. That’s because panels on the 8th and 5th circuit courts have already upheld the policy put in place by President Donald Trump’s administration last July.

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Under the policy, the Department of Homeland Security has been denying bond hearings to immigrants arrested across the country, including those who have been in the U.S. for years without any criminal history. That’s a departure from the practice under previous administrations, when most noncitizens with no criminal record who were arrested away from the border were given the opportunity to request a bond hearing while their cases moved through immigration court.

In those cases, bond was often granted to people who were deemed not to be flight risks, and mandatory detention was limited to those who had just entered the country.

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Attorneys for the Trump administration say the mandatory detention policy is legal under the Illegal Immigration Reform and Immigrant Responsibility Act passed in 1996. That law streamlined the process to deport people who were newly arriving in the U.S. without permission, but immigrants who were already in the country were still allowed to seek bond from an immigration judge under a different law.

That changed in July, when Todd Lyons, acting director of the U.S. Immigration and Customs Enforcement, said all immigrants targeted for deportation would be treated the same way as new arrivals.

The three-judge panel found that the government’s interpretation of the 1996 law defies the plain text of the law, its purpose and its history, and noted that Congress had set up a tiered system for immigration cases based in part on how long an immigrant had been in the country.

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So far, more than 370 federal judges — or about 90% — to consider those habeas cases have also rejected the government’s new approach, Bianco wrote. Bianco was nominated by Trump, Nathan by former President Joe Biden and Cabranes by former President Bill Clinton.

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