Tagged #mandatory-detention
Every article we've published on this topic, sorted by the agency's own announcement date.
Federal judge rules mandatory immigration detention violates due process without individualized review
A Houston federal court order finds that applying INA mandatory detention statutes without considering an individual's circumstances violates Fifth Amendment rights, requiring release of witness detained after ICE shooting.
Fifth Circuit stays lower-court bond-hearing orders in removal-detention cases
The full Fifth Circuit Court of Appeals stayed district court judgments ordering bond hearings for immigrants in removal proceedings, preserving the Trump administration's mandatory detention policy pending en banc rehearing.
Federal Judge Carves Out Constitutional Exception to Mandatory Detention for Detainee Released a Decade Ago
Iowa federal judge rules that even under Eighth Circuit mandatory detention law, constitutional due process prevents re-detention of someone released years earlier and allowed to live at liberty.
Federal Judge Orders ICE Release of Detainees, Threatens Sanctions for Ignoring Court Orders
U.S. District Judge in Nevada ruled DHS mandatory detention policy unlawful and ordered immediate release of 17 detainees held months without bond hearings, threatening sanctions against ICE for non-compliance.
5th Circuit imposes 90-day bond hearing deadline for ICE detainees under expanded detention policy
The 5th Circuit Court of Appeals ruled that ICE must afford bond hearings within 90 days to immigrants detained under the Trump administration's expanded mandatory detention policy, citing due process rights.
Federal judge awards EAJA fees for wrongful detention; finds mandatory detention policy not substantially justified
A Nebraska federal judge awarded attorney's fees under the Equal Access to Justice Act to an immigrant detained without a bond hearing, finding the government's mandatory detention position lacked substantial justification.
Tenth Circuit Rejects Trump \"No Bond\" Detention Policy, Requires Individualized Hearings
Federal appeals court rules that categorical detention without bond hearings violates due process; affects immigration practitioners in six states with implications nationwide.
2nd Circuit Blocks No-Bond Detention Policy: Circuit Split Deepens Over Trump Admin Mandatory Detention Rule
The 2nd Circuit Court of Appeals ruled April 28, 2026 that the Trump administration cannot detain immigrants without bond hearings, creating a binding circuit split that points toward Supreme Court review. What practitioners need to know about Barbosa da Cunha v. Lyons.
Federal judge orders third bond hearing for detained asylum applicant despite Eighth Circuit ruling
U.S. District Judge Locher rules that immigration detainees living in the US for years are not automatically subject to mandatory detention, even as the Eighth Circuit narrows bond-hearing rights.
Nevada Federal Court Blocks Mandatory Detention for Removal Proceedings
A federal judge ruled that DHS's policy of mandatory detention for all immigration removal cases violates federal law, restoring bond hearing rights for eligible noncitizens in Nevada.
Eighth Circuit Rules Immigrants Can Be Detained Without Bond
The 8th Circuit has joined the 5th Circuit in upholding the Trump administration's authority to detain undocumented immigrants without bond hearings, reversing prior practice and lower court rulings.
5th Circuit limits bond hearing options for detained immigrants
The 5th Circuit ruled that the Trump administration can hold certain immigrants in mandatory detention without bond. This impacts release strategies for practitioners in Louisiana, Mississippi, and Texas.
Federal judge vacates Board of Immigration Appeals ruling backing Trump detention policy
U.S. District Judge Sunshine Sykes struck down the BIA decision endorsing the Trump administration's mandatory detention policy, ruling that the administration violated her earlier order by denying bond hearings. The decision affects detainees nationwide.
Federal courts strained by detainees' habeas petitions under Trump detention policy
Multiple federal courts have declared judicial emergencies as immigrants challenge Trump's mandatory detention policy through habeas corpus. Learn how the detention policy changed and what practitioners need to know.
BIA Rules Illegal Entrants Ineligible for Bond Under INA § 235(b)(2)(A)
Board of Immigration Appeals precedential decision Matter of Yajure Hurtado strips immigration judges of authority to grant bond to noncitizens without admission, upending three decades of practice.
Bond Redetermination After Matter of Adeniji: The Burden Is on the Detained Noncitizen
Matter of Adeniji, 22 I&N Dec. 1102 (BIA 1999), placed the burden of proof in bond redetermination on the detained noncitizen. Twenty-five years later, the doctrine still controls daily IJ practice — within the limits Congress and the Supreme Court have since drawn.