Supreme Court to review Trump administration’s mandatory immigrant detention policy

The Supreme Court agreed Thursday to decide whether the Trump administration may detain immigrants throughout their removal proceedings without giving them access to bond hearings.

The dispute centers on a policy that treats immigrants accused of entering and remaining in the United States illegally as subject to mandatory detention, including people who have lived in the country for years and have no criminal record. Previous administrations generally allowed many noncitizens arrested away from the border to seek release at a hearing before an immigration judge.

Federal appeals courts are divided over the policy. Most that have considered it have ruled that federal law requires bond hearings for at least some immigrants, while the 5th and 8th U.S. Circuit Courts of Appeals have upheld mandatory detention for people accused of entering without authorization. The administration says the conflicting rulings have produced inconsistent enforcement and prompted thousands of court challenges.

The case, *Rhoney v. Barbosa da Cunha*, involves Ricardo Aparecido Barbosa da Cunha, a Brazilian citizen who authorities say entered the United States illegally about two decades ago and applied for asylum in 2016. After his arrest in September 2025, an immigration judge found his detention mandatory. His attorneys say he has never been charged with or convicted of a crime.

The administration argues that the policy is authorized by a 1996 immigration law. The American Civil Liberties Union, representing the plaintiffs, argues that the government is improperly extending restrictions intended for people stopped at the border to immigrants apprehended anywhere in the country. Arguments are expected during the court’s new term.