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Appeals court rules Trump's mandatory detention policy illegal
Published by Associated Press on September 10, 2026.
the September 10 report on the Fourth Circuit ruling and where the split leaves detained people
The cited passage, with surrounding source text
… <p>The Trump administration’s policy of holding immigrants without a chance for release on bond is illegal and “harkens back to some of the darkest moments in our country’s history,” including the mass detention of Japanese Americans during World War II, a divided federal appeals court ruled Thursday.</p><p>The 4th U.S. Circuit Court of Appeals became the ninth federal appeals court to reject the administration’s mandatory detention policy — a key part of its mass deportation campaign. Two other appeals courts have upheld it, creating a split that greatly increases the odds that the U.S. Supreme Court will take up the issue.</p><p>The split also means immigrants in some parts of the country are getting bond hearings while those in other places, including Texas and Louisiana, face additional hurdles to seek release.</p><p>The U.S. Department of Homeland Security said in a statement it was “confident in its legal position regarding mandatory detention,” noting it had recently asked the Supreme Court to take up the issue.</p> <div class="FreeStar Advertisement" data-module> <div data-freestar-ad="__336x280 __336x280" id class="fs-feed-ad"> <script data-cfasync="false" type="text/javascript"> …
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- The Supreme Court agreed to decide whether people already in the country who were never admitted must be held without a bond hearing · cited for where the split leaves detained people
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