Federal Appeals Court Compares Trump's Migrant Detention Policy to Japanese American Internment

<p>A federal appeals court ruled on Thursday that a Trump administration policy to detain migrants on bond without a chance for release is reminiscent of the mass detention of Japanese Americans during World War II. The 4th U.S. Circuit Court of Appeals issued a 2-1 decision rejecting the administration's mass detention policy, which was a significant aspect of President Donald Trump's mass deportation agenda.</p><p>The court stated, "Mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country’s history." Nine federal appeals courts have ruled that U.S. Immigration and Customs Enforcement's (ICE) new mandatory detention policy is illegal, determining it could apply to recent arrivals at or near the border but not to migrants living elsewhere in the country.</p><p>Two other appeals courts have upheld the policy, indicating that the U.S. Supreme Court is likely to review the case in its upcoming term. Immigrant rights groups argue that basic due process is violated when long-term residents are denied bond hearings during removal proceedings. My Khanh Ngo, senior staff attorney with the ACLU’s Immigrants’ Rights Project, stated, "The courts have resoundingly rejected the administration’s cruel policy and its blatant disrespect for the rule of law. We are thrilled for our clients and their families."</p><p>Mass arrests of suspected illegal immigrants during Trump's second term have led to widespread protests, particularly in Democratic-led cities like Chicago. In July 2025, the administration announced plans to detain every migrant found in the U.S. whom ICE determines was not granted permission to enter.</p><p>A Department of Homeland Security spokesperson expressed disappointment with the decision but noted that the agency recently sought a Supreme Court review of a similar ruling from the 6th Circuit. The spokesperson commented, "Opinions from the Board of Immigration Appeals and two other federal courts of appeals reflect the soundness of DHS’ legal position. This legal position was the nail in the coffin for Biden’s catch and release policies. That is why the left and their activist proxies on the judiciary are resisting it so vigorously."</p><p>Writing for the majority, 4th Circuit Judge Nicole Berner referenced the mass internment of Japanese Americans during World War II as a caution against broad executive detention authority without due process. Berner stated, "The stain of these detentions on our nation — and the judiciary’s abdication of its obligation to protect basic freedoms — continues to haunt us." Fox News Digital has reached out to the White House and ICE.</p>