Supreme Court to Review Trump Administration’s Mandatory Immigration Detention Policy

The Supreme Court agreed Thursday to decide whether the Trump administration may deny bond hearings to immigrants detained during deportation proceedings, including people who have lived in the United States for years.

The administration contends that a 1996 immigration law requires detention without bond for people accused of illegally entering and remaining in the U.S. Previous administrations generally allowed immigrants without criminal records who were arrested away from the border to seek release by showing an immigration judge that they were neither dangerous nor a flight risk.

Federal courts have divided over the administration’s interpretation. Most appeals courts to consider the issue have ruled that federal law requires bond hearings for at least some detainees, while the 5th and 8th U.S. Circuit Courts of Appeals have upheld mandatory detention in such cases. Administration lawyers told the Supreme Court that the split has produced inconsistent enforcement and prompted thousands of legal challenges.

The dispute involves Ricardo Aparecido Barbosa da Cunha, a Brazilian citizen who authorities say entered the United States illegally about two decades ago. His attorneys say he has never been charged with or convicted of a crime. He sought a bond hearing after an immigration judge determined that his detention was mandatory following his September 2025 arrest. A federal district court ordered the government to provide one, and an appeals court upheld that decision.

The justices are expected to hear arguments during the term beginning Monday.