Appeals Court Rejects Trump Administration's Expansion of Mandatory Detention for Immigrants

On July 30, 2026, the 9th U.S. Circuit Court of Appeals ruled 2-1 against the Trump administration's expansion of mandatory detention for interior immigrants, allowing them to seek bond hearings. The decision, written by Judge Daniel Bress, deepens a federal circuit split, as four other circuits have rejected the policy while the Fifth and Eighth Circuits support it. The Department of Homeland Security defended the policy, which began in July 2025 and has faced numerous lawsuits.

Ninth Circuit mandatory detention ruling

• ▪On July 30, 2026, the 9th U.S. Circuit Court of Appeals ruled 2-1 that the Trump administration cannot deny immigrants detained inside the United States a chance for release on bond.
• ▪Judge Daniel Bress and Judge M. Margaret McKeown formed the majority in the Ninth Circuit ruling, while Judge Carlos Bea dissented.

Trump administration detention policy expansion

• ▪Under previous administrations, mandatory detention was generally reserved for people arrested at the border, while most noncitizens without a criminal record arrested inside the United States were allowed to seek bond.
• ▪The U.S. Department of Homeland Security strongly disagreed with the Ninth Circuit ruling, stating that President Donald Trump and Secretary Mullin are enforcing the law as written.
• ▪In July 2025, immigration officials issued guidance expanding mandatory detention to immigrants in the United States interior as part of a mass deportation campaign.

Circuit court split on detention

• ▪The Trump administration asked the U.S. Supreme Court in June 2026 to review the mandatory detention policy.
• ▪Four other federal appeals courts have rejected the Trump administration's mandatory detention policy, while the Fifth Circuit and Eighth Circuit have sided with the administration.

1996 immigration law interpretation

• ▪Ninth Circuit Judge Carlos Bea dissented, stating that the text and purpose of a 1996 congressional amendment support the Trump administration's reading.
• ▪The Trump administration argued that a 1996 congressional change to immigration law allows mandatory detention beyond the border, an argument rejected by the Ninth Circuit majority.

Bond hearing litigation

• ▪The expansion of mandatory detention to the United States interior prompted a deluge of federal lawsuits by immigrants seeking release from custody.
• ▪Some federal judges blasted the Trump administration for repeatedly violating judicial orders to hold bond hearings.