US immigration mandatory detention policy litigation

Trump-appointed judge joins ruling against US immigrant detention policy

Immigration officials issued guidance expanding mandatory detention to immigrants in the US interior.

In July 2024, immigration officials issued guidance that expanded mandatory detention to immigrants within the United States interior. This move was part of the Trump administration's mass deportation campaign.

Previously, mandatory detention was generally reserved for individuals arrested at the border. Under prior administrations, most noncitizens without a criminal record arrested inside the US were permitted to seek bond hearings while their immigration cases were pending.

Congress approved an amendment to immigration law regarding mandatory detention.

The Trump administration has argued that Congress changed immigration law in 1996 to allow mandatory detention to be applied beyond the border.

According to Judge Carlos Bea, the text and purpose of an amendment approved by Congress in 1996 support this interpretation of the law.