The U.S. Court of Appeals for the 9th Circuit ruled against the Trump administration's policy of mandatory detention for illegal immigrants on July 30, 2026. The three-judge panel decided 2-1 that the 1996 Immigration and Nationality Act does not permit indefinite detention of illegal immigrants during their removal proceedings. This ruling adds to the divide among federal appeals courts, with the 9th Circuit joining the 2nd, 6th, 7th, 10th, and 11th Circuits in opposition to the policy, while the 5th and 8th Circuits have upheld it.
Judge Daniel Bress, appointed by President Trump, stated that the historical understanding of the statute does not support the administration's interpretation. Judge M. Margaret McKeown, appointed by President Clinton, joined Bress in the majority opinion. Judge Carlos Bea, appointed by former President George W. Bush, dissented, arguing that the text of the INA supports the administration's policy.
On the same day, the 7th Circuit also ruled against the administration's stance, with a majority of Biden appointees. Judge Diane Sykes, a Bush appointee, dissented and called for the Supreme Court to resolve the discrepancies among the circuits. The Supreme Court is expected to announce cases for its next term in October 2026.