4th U.S. Circuit Court rejects Trump administration's mandatory detention policy

The 4th U.S. Circuit Court of Appeals has ruled that the Trump administration’s policy of mandatory detention for immigrants is illegal. The court noted that the policy, which prevents individuals from seeking release on bond, “harkens back to some of the darkest moments in our country’s history,” specifically citing the mass detention of Japanese Americans during World War II.

This ruling makes the 4th Circuit the ninth federal appeals court to reject the administration’s policy, which is a central component of its mass deportation campaign. Because two other appeals courts have upheld the policy, a judicial split has emerged, increasing the likelihood that the U.S. Supreme Court will review the issue. This split results in inconsistent treatment of immigrants, where those in certain regions can access bond hearings while those in states like Texas and Louisiana cannot.

The U.S. Department of Homeland Security (DHS) expressed confidence in its legal position and stated it has asked the Supreme Court to intervene. DHS Secretary Markwayne Mullin and the administration argue they are enforcing immigration laws as written in 1996, whereas previous administrations did not apply mandatory detention to those arrested in the U.S. interior. Historically, noncitizens without criminal records were generally permitted to seek bond hearings while awaiting immigration proceedings.