The 4th Circuit Court of Appeals has struck down ICE’s detention policy, setting the stage for a Supreme Court review.
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❓ WHAT HAPPENED: The 4th Circuit Court of Appeals rejected U.S. Immigration and Customs Enforcement (ICE) policy on detaining migrants without bond, comparing it to the internment of Japanese Americans during World War II. The decision marks the ninth consecutive loss for ICE in federal appeals courts regarding this policy.
💬 KEY QUOTE: “Mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country’s history,” complained Joe Biden appointee Judge Nicole Berner, joined by Barack Obama appointee Judge Barbara Keenan in a 2-1 opinion.
🎯 IMPACT: The ruling sets the stage for the Supreme Court to address the legality of ICE’s detention policy, which has been a point of contention for multiple federal courts. The decision could have significant implications for immigration enforcement in the U.S.
📰 DETAIL: The policy in question was a shift by ICE in July 2025, which expanded mandatory detention to migrants residing in the U.S. for years, stopping them from being left among the public at large while their claims work their way through the courts. This change led to numerous lawfare suits, with over 460 largely but not exclusively liberal federal judges opposing the policy. In comparison, a little over 50 have backed the policy.
👀 FLASHBACK: The 1996 immigration reform law which ICE’s policy is based on was initially interpreted to require detention of recent border crossers, not long-term residents. The Trump administration’s reinterpretation has been widely contested in the courts by pro-migrant activists.
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