Four appeals courts have challenged the administration’s mandatory detention policy, while two have upheld it. The Supreme Court might hear the case soon.
In mid-2025, the Trump administration introduced a policy mandating the detention of anyone apprehended for entering the U.S. illegally at any time. This decision has been met with legal opposition.
On July 2, 2026, another setback occurred for the administration when a fourth appeals court ruled against the practice of detaining individuals indefinitely. The court rejected the policy of denying bond to those arrested by immigration authorities, irrespective of their duration in the country.
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