06/27/2026
The Supreme Court may take this on and resolve this issue once and for all.
https://www.politico.com/news/2026/06/26/trump-ice-detention-supreme-court-00978482
Essentially, it comes down to this:
The Trump administration's position is that individuals who are in the United States unlawfully should be treated as persons "seeking admission." Under that interpretation, they are subject to mandatory detention by ICE and generally should not have the opportunity to seek release on bond.
However, there is a significant distinction between someone who arrives at the border seeking admission and someone who has lived in the United States for decades, established deep ties to the community, and has U.S. citizen spouses and children. While both may be considered applicants for admission under certain provisions of immigration law, their circumstances are fundamentally different.
Mandatory detention may be justified for recent arrivals at the border while their admissibility is determined. But applying the same blanket rule to long-term residents with strong family and community ties, absent serious criminal conduct, serves little practical purpose.
These individuals should still go through the immigration process and be held accountable under the law, but automatic detention without the possibility of bond unnecessarily separates families, burdens taxpayers, and weakens communities without enhancing public safety.
The Justice Department asked the justices to resolve a division among federal appeals courts.
