The Trump administration cannot deny immigrants detained inside the U.S. a chance for release on bond, a federal appeals court ruled Thursday. The 2-1 decision by the 9th U.S. Circuit Court of Appeals in San Francisco widened a divide among federal courts over the administration’s mandatory detention policy.
This ruling is the fifth appeals court to reject the policy. Two others—the Fifth Circuit in New Orleans and the Eighth Circuit in St. Louis—have supported the administration. The disagreement makes it more likely the U.S. Supreme Court will review the issue, especially after the administration asked the high court last month to step in.
Under earlier administrations, most noncitizens without criminal records arrested inside the U.S. could request bond hearings while their immigration cases moved forward. Mandatory detention usually applied only to those caught at the border.
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Last July, immigration officials issued new guidance that expanded mandatory detention to immigrants already living in the country. The change, part of a broader effort to increase deportations, led to lawsuits from detainees seeking release. Some judges accused officials of ignoring court orders to hold bond hearings.
The administration has maintained that a 1996 amendment to immigration law permits mandatory detention beyond the border, even if previous administrations did not enforce it. The 9th Circuit’s majority opinion, written by Judge Daniel Bress, rejected that view.
“No reading of the complicated and interrelated textual provisions here is perfect, but the historical understanding of the statute makes more sense,” Bress, a Trump appointee, wrote. He was joined by Judge M. Margaret McKeown, a Clinton appointee. Judge Carlos Bea, a Bush appointee, dissented, saying the 1996 amendment backs the administration’s position.
The Department of Homeland Security said in a statement it “strongly disagrees with the Ninth Circuit panel and is confident in its legal position regarding mandatory detention.” The statement said President Donald Trump and Secretary Mullin are now enforcing the law as it was actually written to keep America safe.
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Legal challenges have unfolded unevenly nationwide. In some districts, judges have ordered bond hearings for detainees, only to see immigration officials arrest them again under the same policy. The inconsistency has kept thousands of immigrants in detention for extended periods while their cases proceed.
Courts have frequently clashed over immigration enforcement under Trump. Disputes arose over family separations at the border and the end of temporary protected status for some immigrants. The mandatory detention cases are notable for their scale—thousands have been held without bond hearings since the policy began.
The Supreme Court’s eventual decision may change immigration detention practices for years. For now, the 9th Circuit’s ruling applies only to states within its jurisdiction, including California, Arizona, and Washington. With other circuits divided, the legal fight continues.
