Ninth and Seventh Circuit Courts Block Mandatory Immigration Detention

The U.S. Court of Appeals for the Ninth Circuit and the Seventh Circuit Court of Appeals ruled on July 30, 2026, that the Trump administration cannot deny immigrants detained within the United States the opportunity for release on bond. In a 2-1 decision, the Ninth Circuit rejected a July 2025 policy that expanded mandatory detention to the U.S. interior as part of a mass deportation campaign.

Writing for the majority, Judge Daniel Bress concluded that 30 years of federal precedent and historical understanding of the law distinguish between immigrants apprehended at the border and those detained in the interior. The Ninth Circuit ruling specifically overturns the practice of the Tacoma Immigration Court and applies to nine western states, Guam, and the Northern Mariana Islands. This decision follows a surge of habeas corpus petitions in federal courts, particularly in California, due to overcrowded detention centers.

The U.S. Department of Homeland Security stated it strongly disagrees with the rulings, asserting that the administration is enforcing the law as written to ensure national safety. The decisions deepen a federal circuit split, with six appellate courts now opposing the policy and two—the Fifth and Eighth Circuits—supporting it. This conflict increases the likelihood that the Supreme Court of the United States will review the issue, following a petition already filed by Solicitor General D. John Sauer.