A federal appeals court ruled Tuesday that the Trump administration's mandatory detention policy for immigrants violates due process rights.
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A federal appeals court on Tuesday rejected the Trump administration's policy requiring mandatory detention by Immigration and Customs Enforcement for many immigrants facing deportation, including those who have lived in the United States for years.
A panel of judges from the New York-based 2nd Circuit Court of Appeals called the policy the "broadest mass-detention-without-bond mandate in our Nation's history for millions of noncitizens." The ruling found that the Trump administration's interpretation of mandatory immigration detention would "send a seismic shock through our immigration detention system and society, straining our already overcrowded detention infrastructure, incarcerating millions, separating families, and disrupting communities."
The policy, adopted in mid-2025, declared that anyone who entered the country without inspection must be detained without access to bond hearings before an immigration judge. For decades prior, immigrants in removal proceedings who were detained by the government had generally retained the right to seek release through bond hearings. The new policy affected people eligible for legal status, according to the American Civil Liberties Union.
The 2nd Circuit's decision creates a judicial divide over the mass ICE detention policy. While most judges across the country have declared the policy illegal, the 5th Circuit Court of Appeals, based in Louisiana, and the 8th Circuit Court of Appeals, based in Missouri, have upheld aspects of the administration's detention approach.
The ACLU of New York and the ACLU Immigrants' Rights Project challenged the policy, with Michael Tan, Deputy Director of the ACLU Immigrants' Rights Project, involved in the case. The court's ruling applies to the 2nd Circuit's jurisdiction, which covers New York and surrounding regions.
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