# U.S. judicial challenges to mandatory immigrant detention > Live situation record from CLSTR: https://clstr.news/situations/us-judicial-challenges-to-mandatory-immigrant-detention > Updated: 2026-09-13T16:48:34.000Z. Sources: 15. Developments: 2. The U.S. Court of Appeals for the Fourth Circuit has rejected the Trump administration’s policy of mandatory detention for immigrants, which prevents individuals from seeking release on bond. In a 2-1 decision, the court ruled that the policy is illegal, with Judge Nicole Berner stating that mass detention without due process “harkens back to some of the darkest moments in our country’s history,” specifically referencing the internment of Japanese Americans and the 1892 Geary Act. The court declined to interpret ambiguous statutory provisions as a mandate for detention, suggesting the government’s position was driven by “racial animus masquerading as national interest.” This ruling marks the ninth federal appeals court to reject the policy, a key element of the administration’s mass deportation campaign. Because other appeals courts have upheld the policy, a judicial split has emerged between different regions, such as the Fourth Circuit and states like Texas and Louisiana. The Department of Homeland Security (DHS) has expressed confidence in its legal position and has requested that the U.S. Supreme Court intervene. ## Timeline ### 2026-09-13: Fourth Circuit Court rejects Trump administration immigrant detention policy The U.S. Fourth Circuit Court of Appeals rejected a Trump administration policy that sought to allow mandatory detention of immigrants without bond hearings, citing concerns over due process. 8 sources. https://clstr.news/cluster/fourth-circuit-court-rejects-trump-administration-immigrant-detention-policy ### 2026-09-10: 4th U.S. Circuit Court rejects Trump administration's mandatory detention policy The 4th U.S. Circuit Court of Appeals ruled the Trump administration's mandatory detention policy illegal, citing historical parallels to the detention of Japanese Americans. 7 sources. https://clstr.news/cluster/4th-us-circuit-court-rejects-trump-administrations-mandatory-detention-policy --- Cite as: U.S. judicial challenges to mandatory immigrant detention. CLSTR, https://clstr.news/situations/us-judicial-challenges-to-mandatory-immigrant-detention