The Supreme Court is set to weigh how long the government can lock up immigrants facing deportation without offering them a shot at release. In a case that could reshape a central plank of President Trump's immigration agenda, the justices agreed Thursday to review whether people in deportation proceedings are entitled to bond hearings while their cases wind through the system—a chance they routinely had under prior administrations, NBC News reports.
The appeal stems from the case of Ricardo Aparecido de Cunha, a Brazilian man detained in Massachusetts after a 2025 traffic stop. Lower courts ordered him released, rejecting the Trump administration's bid to apply a detention statute far beyond the border. Most courts have sided with immigrants, saying the law was meant for recent border arrivals, not people who have lived in the US for years. Some people detained under the policy have US-born children and long-pending citizenship applications, USA Today reports. Solicitor General D. John Sauer calls the issue "critically important," arguing the policy removes a "perverse incentive" to evade early arrest.
The ACLU counters that it's a "radical reinterpretation" of immigration law affecting thousands already detained and potentially millions more. The ACLU says some of those being detained without a chance to argue for release were young children when they crossed the border. The ruling is expected by the end of June.
- Many decisions from appeals courts on the policy have conflicted with rulings from the 5th and 8th circuits, the AP reports. Trump administration lawyers say the result is "an unworkable patchwork of inconsistent immigration enforcement, where aliens present without admission are subject to mandatory detention in some circuits but are entitled to bond hearings and often released in others."
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