A federal appeals court ruled on July 30, 2026, that the Trump administration cannot deny migrants detained in the U.S. a chance for release on bond as part of its expanded mandatory detention policy. The Ninth Circuit Court of Appeals in San Francisco issued a 2-1 decision against the administration. Four other appeals courts have also rejected this policy, while the Fifth Circuit and Eighth Circuit have ruled in favor of the federal government. This split among circuit courts increases the likelihood that the U.S. Supreme Court will review the case, as the administration requested last month.
The Department of Homeland Security expressed strong disagreement with the Ninth Circuit's ruling and stated confidence in its legal position regarding mandatory detention. Previously, most illegal immigrants without a criminal record arrested in the U.S. were allowed to seek bond hearings while their immigration cases were pending. However, last year, the government expanded mandatory detention to include those already inside the U.S. as part of its mass deportation plan, which has led to multiple lawsuits.
Ninth Circuit Judge Daniel Bress, appointed by President Trump, rejected the administration's argument that Congress's 1996 immigration law change allowed for mandatory detention beyond the border. Judge Bress stated that while the statute's provisions are complex, the historical understanding supports the court's ruling. Judge Carlos Bea, appointed by President George W. Bush, dissented, arguing that the amendment passed by Congress supports the administration's stance.