The Supreme Court on Thursday agreed to take up ICE\u2019s mandatory detention policy, the Trump Administration\u2019s practice of holding people in custody without the opportunity for a bond hearing.<\/p>\n
For years, the only people subject to mandatory detention were people arriving at the border. This changed in July 2025 when ICE issued guidance reinterpreting the law. It suggested to expand mandatory detention to anyone who has ever entered the U.S. without inspection.<\/p>\n
\u201cFor many years, these people had the ability of due process and to be able to request their release while their deportation proceedings were pending,\u201d said immigration attorney Cesar Luna, who said it was \u201cvery important.\u201d<\/p>\n
\u201cNow, the fact that people are in jail for many, many month, really prevents them from going through the actual process and their ability to defend themselves in court,\u201d Luna said.<\/p>\n
Thousands of detainees nationwide turned to federal district courts to file habeas corpus petitions, asking federal judges to order bond hearings or their release. Luna said the vast majority of judges in those cases have ruled in favor of detainees.<\/p>\n
Challenges to the policy have also made their way through federal appeals courts. Two have ruled in favor of the Trump Administration\u2019s mandatory detention, while nine have ruled against.<\/p>\n
In the Supreme Court\u2019s next term that begins Monday, the justices will hear one of those cases.<\/p>\n
In a statement, the Department of Homeland Security said the agency was \u201cglad\u201d the court will hear arguments, adding that under President Trump, DHS \u201cfinally implemented the law as Congress intended it to.\u201d<\/p>\n
\u201cThis implementation put the nail in the coffin for Biden\u2019s catch and release policies,\u201d DHS\u2019 statement said. <\/p>\n
\u201cThat is why the left and their activist proxies on the judiciary are resisting it so vigorously. Biden and Mayorkas recklessly unleashed millions of unvetted illegal aliens into American communities\u2014and they abused many loopholes to do so. President Trump and Secretary Mullin are now enforcing the law as it was actually written to keep America safe\u2014these individuals are required to be detained,” said the DHS statement.<\/p>\n
Luna said the impact to his clients has been \u201cawful.\u201d<\/p>\n
\u201cIt’s almost an emotional pressure for somebody who would much rather throw the towel and not fight their case, rather than remain in detention for a very prolonged amount of time,\u201d he said. \u201cIt really puts the balance of the justice system against the non-citizen.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"The Supreme Court on Thursday agreed to take up ICE\u2019s mandatory detention policy, the Trump Administration\u2019s practice of…\n","protected":false},"author":2,"featured_media":482401,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28],"tags":[2871,74,84,76,75,2214],"class_list":["post-482400","post","type-post","status-publish","format-standard","has-post-thumbnail","category-san-diego","tag-ice","tag-san-diego","tag-san-diego-county","tag-san-diego-headlines","tag-san-diego-news","tag-supreme-court"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/482400","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/comments?post=482400"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/posts\/482400\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media\/482401"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/media?parent=482400"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/categories?post=482400"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ca\/wp-json\/wp\/v2\/tags?post=482400"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}