Supreme Court to Review Trump Mandatory Detention Policy

The Supreme Court of the United States announced Thursday that it will review the legality of a mandatory detention policy implemented by the Trump administration. The policy allows for the indefinite detention of immigrants who entered the United States illegally, denying them access to bond hearings regardless of how long they have lived in the country.

This approach departs from previous practices that allowed noncitizens to seek release if they were not deemed flight risks or threats to public safety. The case, Rhoney v. Barbosa da Cunha, centers on Ricardo Aparecido Barbosa da Cunha, a Brazilian citizen who lived in the U.S. for 20 years before his arrest. While the U.S. Court of Appeals for the Second Circuit and numerous district judges have rejected the administration's interpretation of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, the government maintains the policy is necessary to ensure removal.

Solicitor General D. John Sauer defended the policy, arguing that detaining immigrants who remain in the country long after illegal entry prevents them from evading hearings. Conversely, the American Civil Liberties Union challenged the policy, with Deputy Director Michael K.T. Tan describing the practice of detaining immigrants for months or years without a bond hearing as unlawful and inhumane. The Court will determine if the policy follows federal law but declined to address whether it violates constitutional due process. A decision is expected by June 2027.