The U.S. Supreme Court, which begins its new term on Monday, has agreed to hear a dispute over a Trump administration policy that subjects millions of immigrants who entered the country illegally to mandatory detention during their deportation proceedings.
What's the policy?
The Department of Homeland Security in July 2025 issued new guidance announcing that immigrants who are in the U.S. illegally are subject to mandatory detention without a bond hearing for the duration of their deportation proceedings, which can take months or even years to conclude.
The guidance represented a departure from a nearly three-decade-old interpretation of federal law that immigrants already living in the U.S. could be released on bond while they pursue their cases in immigration court.
What happened in the lower courts?
The issue has divided lower courts, with migrants and advocacy groups filing numerous lawsuits challenging the policy. The justices agreed to hear the administration's appeal of a 2nd Circuit ruling against the policy in a case involving a Brazilian national.
How widespread are the legal challenges?
The administration's detention policy has produced an avalanche of lawsuits from immigrants seeking release. Immigrants have filed more than 73,000 such cases in federal court so far this year, about a quarter of all civil lawsuits brought in federal court.
John Kruzel has more here.
