World

Supreme Court to weigh Trump's mandatory immigration detention policy

October 2, 2026 11:15 am

source: Reuters

The US Supreme Court agreed on Thursday to hear a dispute over a policy by President Donald Trump’s administration that subjects millions of immigrants who entered the United States illegally to mandatory detention during their ​deportation proceedings.

In this latest legal battle over Trump’s hardline immigration agenda to reach the top US judicial body, the justices face an issue that has divided lower ‌courts as numerous lawsuits by migrants and advocacy groups challenging the policy have played out. The policy is one of a number of measures his administration has taken in its pursuit of Trump’s goal of mass deportation.

The justices took up the administration’s appeal of a ruling against the policy by the New York-based 2nd US Circuit Court of Appeals in a case involving a Brazilian national. The Supreme Court will hear the case in its new term ​that begins on Monday.

The US Department of Homeland Security in July 2025 issued new guidance to federal immigration officials announcing that immigrants in the United States illegally are subject to ​mandatory detention without a bond hearing for the duration of their deportation proceedings, which can take months or even years to conclude.

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The guidance represented ⁠a departure from a nearly three-decade-old interpretation of federal law that immigrants already living in the United States could be released on bond while they pursue their cases in immigration court.