US Supreme Court agrees to take up Trump’s ICE detention policy

The United States Supreme Court has agreed to hear a case focused on the Trump administration’s policy requiring millions of undocumented immigrants to remain in detention while they fight deportation.

The case, accepted on Thursday by the justices, is the latest dispute over US President Donald Trump’s sweeping immigration crackdown to reach the nation’s highest court.

At issue is whether migrants already living in the US have a legal right to a hearing where a judge can decide whether they should be released on bond from Immigration and Customs Enforcement (ICE) detention while their deportation cases are pending.

In July 2025, the administration introduced new guidance directing federal immigration authorities to detain undocumented immigrants without a bond hearing for the duration of their deportation proceedings, which can last for years.

The new policy, which has divided lower courts, reverses a decades-old interpretation that allowed some immigrants in the US to be released while their cases were pending in immigration court, according to Reuters news agency.

Most US federal appeals courts have ruled that immigrants cannot be detained without a bond hearing. But the 5th and 8th US Circuit Courts of Appeals have found that immigrants accused of illegally entering and remaining in the country must remain detained while their deportation cases proceed.

Trump administration attorneys told the Associated Press the split is “disrupting the orderly administration of immigration law”.

“The result is an unworkable patchwork of inconsistent immigration enforcement, where aliens present without admission are subject to mandatory detention in some circuits but are entitled to bond hearings and often released in others,” the lawyers wrote.

Millions could be affected

The Supreme Court case stems from a 2nd US Circuit Court of Appeals ruling involving Ricardo Aparecido Barbosa da Cunha, a Brazilian national who entered the US around 2004 or 2005.

Immigration officers arrested him in September 2025 while he was driving to work in the US state of Massachusetts. He was initially denied a bond hearing under the administration’s policy but was later released on bond, according to court documents cited by Reuters.

The American Civil Liberties Union (ACLU), which is representing the plaintiffs, told the Associated Press the Trump administration is trying to deny bond hearings for immigrants apprehended within the US rather than limiting the restriction to noncitizens stopped at the border.

“Millions of noncitizens could be affected by the government’s new interpretation,” ACLU attorneys wrote.

The Supreme Court is expected to hear arguments on Monday, when its new term starts.