Appeals court rejects ICE detention policy, setting up Supreme Court review

Published September 10, 2026 1:03pm ET




A divided federal appeals court on Thursday rejected the Trump administration’s policy of holding certain immigrants without access to bond hearings, with the majority invoking Japanese internment during World War II as a warning against mass detention.

The 2-1 decision by the U.S. Court of Appeals for the 4th Circuit deepened a split among appeals courts over Immigration and Customs Enforcement’s interpretation of immigration law, setting the stage for a possible Supreme Court showdown.

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