A federal appeals court has delivered a significant setback to the Trump administration’s approach to immigration detention. In a unanimous ruling, a three-judge panel from the 2nd US Circuit Court of Appeals in New York rejected the government’s attempt to detain most individuals facing deportation without giving them a chance to request bond, including those who have lived in the country for years and have no criminal record.
Judge Joseph Bianco, who was appointed by President Trump, wrote the opinion for the court. He concluded that the administration’s interpretation of immigration law was incorrect and cautioned that it would effectively create the largest system of mandatory detention without bond in the nation’s history, affecting millions of noncitizens. The decision was joined by two other judges appointed by Bill Clinton and Joe Biden.
The court found that Congress did not clearly authorize such a sweeping change. According to the ruling, if lawmakers had intended to fundamentally alter long-standing detention practices, they would have done so in a direct and unmistakable way, rather than through unclear language.
The dispute stems from a policy shift implemented last July, when immigrants began being denied bond hearings based on the administration’s reading of a 1996 law. Since then, more than 30,000 legal challenges have been filed by detained individuals, putting heavy pressure on the federal court system.
This marks the first time a federal appeals court has struck down the administration’s interpretation, even though many lower court judges have reached similar conclusions. Judge Bianco noted that roughly 370 trial judges, about 90 percent of those who reviewed such cases, have ruled against the policy.
At the same time, the decision highlights a growing divide among federal appeals courts. Courts in Louisiana and Missouri have supported the administration’s position, increasing the likelihood that the issue will ultimately be decided by the Supreme Court.
In response, the Department of Homeland Security criticized the ruling, arguing that courts have previously sided with the government on mandatory detention questions. The agency maintained that Immigration and Customs Enforcement is acting within the law and expects to prevail in higher courts.
Advocates for immigrant rights welcomed the decision. Amy Belsher of the New York Civil Liberties Union said the ruling correctly recognizes that the policy is unlawful and cannot stand. She argued that detaining large numbers of noncitizens without allowing them to seek release violates the Constitution, federal immigration law, and basic standards of fairness.