{"id":23714,"date":"2026-08-01T00:37:42","date_gmt":"2026-07-31T19:37:42","guid":{"rendered":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/?p=23714"},"modified":"2026-08-01T00:37:42","modified_gmt":"2026-07-31T19:37:42","slug":"judges-nix-trumps-mandatory-immigrant-detention-policy","status":"publish","type":"post","link":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/?p=23714","title":{"rendered":"Judges nix Trump&#8217;s mandatory immigrant detention policy"},"content":{"rendered":"<p><script>\r\n  atOptions = {\r\n    'key' : '644b717812d811d6a1c1fc5b6ccd6fa6',\r\n    'format' : 'iframe',\r\n    'height' : 90,\r\n    'width' : 728,\r\n    'params' : {}\r\n  };\r\n<\/script>\r\n<script src=\"https:\/\/www.highperformanceformat.com\/644b717812d811d6a1c1fc5b6ccd6fa6\/invoke.js\"><\/script>\r\n<br \/>\n<\/p>\n<div data-element=\"story-body\" data-subscriber-content=\"\">\n<p>The U.S. 9th Circuit Court of Appeals dealt another blow to the Trump administration\u2019s mass deportation project Thursday, ruling alongside the 7th Circuit that most immigrants cannot be held without bond while fighting to remain in the U.S. <\/p>\n<p>The rulings will apply to jurisdictions that stretch across much of the southern border, affecting states where large numbers of immigrant detainees are held in federal custody. Unless immigrants are caught while crossing the border or soon after, they will now be entitled to a bond hearing, where a judge will decide whether there is enough evidence to justify their indefinite detention.<\/p>\n<p>The twin decisions come little more than a year after the Department of Homeland Security ordered \u201cmandatory detention\u201d for all immigrants picked up by its agents \u2014 a policy that had previously only applied to those caught at the border.<\/p>\n<p>The policy shift sowed chaos in federal courts, as thousands of immigrants began suing for bond hearings that had long been automatic. California\u2019s district judges were overrun with emergency petitions for writs of habeas corpus, a legal maneuver rarely used outside death row appeals. <\/p>\n<p>\u201cVersions of this case have played out in federal courts across the country,\u201d Judge Daniel A. Bress wrote for the 9th Circuit on Thursday. \u201cThe vast majority of the district courts to confront the issue have concluded that [mandatory detention] is limited to the border.\u201d <\/p>\n<p>Those district court battles have grown increasingly heated as caseloads have swelled. <\/p>\n<p>This spring, Eastern District of California Chief Judge Troy Nunley took the rare step of sanctioning a government lawyer over failing to tell the court if and when a man he\u2019d ordered released had actually gone free.<\/p>\n<p>The attorney told Nunley he was drowning in nearly identical cases and had fallen behind with the paperwork. In an interview, Nunley said he and other judges were \u201cup all night\u201d ruling on emergency petitions and ensuring those orders were followed. <\/p>\n<p>The sanction was later transferred from the lawyer to the U.S. attorney\u2019s office, though Nunley warned that he would issue more if he didn\u2019t see proof immigrants had been set free as ordered. <\/p>\n<p>\u201cA pattern of unchecked and unaddressed mistakes in complying with court orders will be viewed as a deliberate and strategic choice,\u201d he wrote in his order. <\/p>\n<p>The majority of appellate courts have now also sided against the administration. As of Thursday, two circuits have affirmed the government\u2019s position and six opposed it, teeing up what experts call an inevitable Supreme Court challenge. <\/p>\n<p>Both of Thursday\u2019s decisions invoked the high court\u2019s future stake in the case. The 9th Circuit wagered that only two justices were likely to side with the administration, while the 7th merely implored the high court to weigh in. <\/p>\n<p>\u201cAt this point, only the Supreme Court can bring uniformity and settle this question once and for all. I anticipate that it will do so soon,\u201d Judge Diane S. Sykes wrote in her dissent. <\/p>\n<p>\u201cWe share the dissent\u2019s hope that the Supreme Court will settle this matter,\u201d Judge Joshua P. Kolar wrote for the majority. <\/p>\n<\/p><\/div>\n<script async=\"async\" data-cfasync=\"false\" src=\"https:\/\/pl30214220.effectivecpmnetwork.com\/9ab3d4df8a7e1a6171e16ddbf732cc19\/invoke.js\"><\/script>\r\n<div id=\"container-9ab3d4df8a7e1a6171e16ddbf732cc19\"><\/div>\r\n\n","protected":false},"excerpt":{"rendered":"<p>The U.S. 9th Circuit Court of Appeals dealt another blow to the Trump administration\u2019s mass deportation project Thursday, ruling alongside the 7th Circuit that most immigrants cannot be held without bond while fighting to remain in the U.S. The rulings will apply to jurisdictions that stretch across much of the southern border, affecting states where&#8230;<\/p>\n","protected":false},"author":1,"featured_media":23715,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/ca-times.brightspotcdn.com\/dims4\/default\/6ac9fed\/2147483647\/strip\/true\/crop\/6583x3456+0+466\/resize\/1200x630!\/quality\/75\/?url=https%3A%2F%2Fcalifornia-times-brightspot.s3.amazonaws.com%2F13%2Fff%2Feb557f14487193204c1da866e9fe%2F1558890-me-la-caravan-protest-adelanto-gxc-0135.jpg","fifu_image_alt":"","footnotes":""},"categories":[4],"tags":[],"class_list":["post-23714","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-hub"],"brizy_media":[],"_links":{"self":[{"href":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/index.php?rest_route=\/wp\/v2\/posts\/23714","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=23714"}],"version-history":[{"count":0,"href":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/index.php?rest_route=\/wp\/v2\/posts\/23714\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/index.php?rest_route=\/wp\/v2\/media\/23715"}],"wp:attachment":[{"href":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23714"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23714"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/usnews-14267fa.ingress-comporellon.ewp.live\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23714"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}