The divided 4th U.S. Circuit Court of Appeals ruled Thursday that the Trump administration’s policy of holding immigrants without an opportunity for release on bond is illegal. The decision made it the ninth federal appeals court to reject the mandatory detention policy, while two appeals courts have upheld it, increasing the likelihood of U.S. Supreme Court review.
The court said the policy “harkens back to some of the darkest moments in our country’s history,” including the mass detention of Japanese Americans during World War II. The ruling was reported as updated at 7:29 p.m. UTC on September 10, 2026.
The conflicting appellate rulings mean immigrants’ access to bond hearings depends partly on where they are detained. Immigrants in some parts of the country receive hearings, while those in other areas, including Texas and Louisiana, face additional hurdles when seeking release.
Under previous administrations, most noncitizens without criminal records who were arrested inside the United States could seek bond hearings while their immigration cases were pending. Mandatory detention was generally reserved for people arrested at the border. Immigration officials issued guidance in July 2025 expanding mandatory detention to immigrants arrested in the U.S. interior.
The Trump administration has argued that Congress changed immigration law in 1996 to permit mandatory detention beyond the border, although previous administrations did not enforce the provision that way. The 4th Circuit and most other federal appeals courts that have considered the issue have rejected the administration’s interpretation.
The U.S. Department of Homeland Security said it remained confident in its legal position and had recently asked the Supreme Court to consider the issue. The department said President Donald Trump and DHS Secretary Markwayne Mullin were enforcing the law as written to keep the country safe, presenting that as the administration’s rationale for the policy.