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ACLU comment on Supreme Court agreeing to hear challenge over mandatory detention policy

Published by American Civil Liberties Union on October 1, 2026.

the October 1 release from Barbosa da Cunha's lawyers

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… <p>“The Trump administration’s policy of detaining immigrants without any process is both inhumane and unlawful,” said <strong>Amy Belsher, director of Immigrants’ Rights Litigation at the New York Civil Liberties Union.</strong> “Despite their best efforts, the government cannot rewrite the law to detain millions of noncitizens, many of whom have lived here for decades, without an opportunity to seek release. The Immigration and Nationality Act, and fundamental fairness, require the government to, at a minimum, allow people to make a case for their release. We look forward to making that clear to the Supreme Court."</p> <p>“Mr. Barbosa da Cunha has been living in the U.S. for the last 22 years. He is a hard-working, small-business owner, with a U.S. citizen family and no criminal history. He has never missed an immigration appointment or hearing. Detaining him without the possibility of release on bond serves no purpose other than to punish him for being an immigrant, and has been solidly rejected by every court to have considered his case. We are confident that the Supreme Court will agree," said <strong>attorney Paul Dwyer of the Law Office of Paul Dwyer PC.</strong></p> <p>&nbsp;</p> </div> </div> </div> </div> …

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