Second Circuit Unanimously Rejects Trump's Mandatory ICE Detention Policy

The U.S. Court of Appeals for the Second Circuit on April 28, 2026 unanimously rejected the Trump administration's mandatory ICE detention policy, which would have required indefinite detention without bond hearings for all immigrants apprehended entering the United States without inspection. Circuit Judge Joseph F. Bianco warned in the ruling that the administration's interpretation would 'send a seismic shock' through the immigration system, as it would require detaining hundreds of thousands of people without individualized review. The court found that immigrants entering without authorization still retain the constitutional right to bond hearings under the Immigration and Nationality Act, regardless of the administration's 'invasion' designation. The ruling directly conflicts with the 11th Circuit's more favorable interpretation, creating a clear circuit split that sets up a likely Supreme Court showdown in the 2026-2027 term. The ACLU called the ruling a 'decisive victory for due process.' DHS Secretary Noem signaled the administration will seek emergency Supreme Court intervention.