A Trump administration policy mandating indefinite detention for millions of immigrants who entered the U.S. illegally is likely to be decided by the U.S.
Supreme Court after conflicting appeals court rulings. - Three appeals courts (6th, 11th, 2nd Circuits) have struck down the policy, calling it an unprecedented mass detention mandate.
- Two appeals courts (5th and 8th Circuits) have upheld the policy, creating a split that typically prompts Supreme Court review. - The policy has led to thousands of habeas corpus petitions flooding federal courts, compared to just dozens a week before its enactment.
- Critics argue the policy violates decades of practice allowing bond for many immigrants and has caused significant harm, including encouraging voluntary departures. The conflicting rulings mean immigrants in different states face different fates, with some eligible for bond hearings and others facing indefinite detention.