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The 4th U.S. Circuit Court of Appeals rejects the administration's mandatory detention policy for longtime residents

The 4th U.S. Circuit Court of Appeals ruled on Thursday that the administration's policy to detain undocumented immigrants without a bond hearing is illegal. The court's 2-1 decision rejected the administration's effort to hold migrants who have lived in the country for years without a chance for release, concluding that the mandatory-detention provision was intended for those arriving at the border. Judge Nicole Berner, writing for the majority, compared the administration's sweeping detention authority to the mass internment of Japanese Americans during World War II. The court noted that while the government has historically interpreted the law to allow bond hearings for longtime residents, the administration's new policy would subject approximately 6 million people to mandatory detention. The administration announced that it recently sought a Supreme Court review of a similar decision from the 6th Circuit. The Supreme Court is expected to take up the case in its upcoming term, which begins on October 5. This ruling marks the ninth time an appeals court has struck down the administration's policy, though two other appeals courts have upheld it.

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