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The Supreme Court agreed Thursday to hear a blockbuster challenge to ICE’s mandatory detention policy after the Trump administration asked the justices to review the case.
The outcome of this case will determine whether certain noncitizens held in immigration detention while awaiting deportation are entitled to bond hearings, an issue that has divided the federal appeals courts.
Nine federal appeals courts have rejected the Trump administration’s interpretation of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. The case now before the Supreme Court stems from a ruling by the 2nd U.S. Circuit Court of Appeals. The 5th and 8th U.S. Circuits have taken the opposite view, ruling that the Trump administration may require the mandatory detention of certain noncitizens — including illegal immigrants and lawful permanent residents facing deportation — without offering them bond hearings.
The case before the Supreme Court centers on Ricardo Aparecido Barbosa da Cunha, a Brazilian citizen who entered the United States without inspection more than two decades ago, applied for asylum in 2016 and was granted work authorization while his application was pending. ICE arrested him in September 2025 and argued he was subject to mandatory detention without a bond hearing while his removal case proceeded.
John Sauer, then a special assistant attorney general at the Louisiana Department of Justice, speaks during a House Select Subcommittee on the Weaponization of the Federal Government hearing. (Al Drago/Bloomberg via Getty Images)
Barbosa da Cunha challenged the government’s interpretation of federal immigration law, arguing his detention was governed by a different provision that permits immigration judges to hold bond hearings. The district court agreed, and the 2nd U.S. Circuit affirmed.
The district court ruled Barbosa da Cunha was entitled to a bond hearing because his detention was governed by a different provision of the Immigration and Nationality Act. An immigration judge later found he did not pose a flight risk or danger to the community and ordered him released on bond.
Oral arguments are expected to be held later this term.
This story is developing and will be updated.
