Supreme Court to Review Trump’s ICE Detention Policy

2 min read

The U.S. Supreme Court has agreed to review the Trump administration’s policy of detaining illegal immigrants without a bond hearing while their deportation cases are pending. The case, Rhoney v. Barbosa da Cunha, marks one of the first cases the justices have taken up after their summer recess and is scheduled for review as the new term begins.

Policy Shift Sparks Legal Dispute

The dispute dates back to July 2025, when ICE issued a guidance memo that changed the standard for detaining immigrants. For about 30 years, only those caught at the border or with criminal convictions could be detained without a bond hearing. The memo effectively removed that distinction, stating that anyone who entered the U.S. illegally—regardless of when they arrived—should be treated as if they were still at the border, thereby denying them the right to a bond hearing.

Case Highlights Policy’s Impact

The case named after Ricardo Aparecido Barbosa da Cunha illustrates the policy’s reach. A Brazilian national who entered the U.S. in 2005, he applied for asylum in 2016, obtained a work permit, bought a home, and ran a small business. In 2025, he was arrested by ICE. An immigration judge ruled that the new policy blocked any bond hearing, prompting him to take his case to federal court, where the Second Circuit ruled in his favor.

Split in Federal Courts

Since the memo took effect, federal courts have been divided. The Fifth and Eighth Circuits supported the administration, while the Second, Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits ruled against the policy. According to a Politico count, federal district judges have ruled against the policy over 9,300 times.

Justice Department’s Concerns

Justice Department lawyers argued that the policy created an unworkable patchwork, with immigrants being detained in one region and released in another. The Supreme Court’s decision to review the case comes as part of Trump’s ongoing immigration crackdown, which has seen over 356,000 removals in fiscal year 2026.

Source: Breitbart

Written by

Connor Davis