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The US Supreme Court has agreed to hear a challenge to the Trump administration’s policy requiring many undocumented immigrants to remain in detention while their deportation cases proceed.
The case, accepted on Thursday, is the latest dispute over President Donald Trump’s immigration crackdown to reach the nation’s highest court. Reuters and The Associated Press reported on the case.
What is the court being asked to decide?
The justices will consider whether immigrants already living in the United States have a legal right to a hearing at which a judge can decide whether they should be released on bond while their deportation cases are pending.
In July 2025, the administration issued guidance directing federal immigration authorities to detain undocumented immigrants without bond hearings for the duration of deportation proceedings, which can last for years.
The policy reversed a decades-old interpretation under which some immigrants could be released while their cases were pending in immigration court. It has divided lower courts, Reuters reported.
Most federal appeals courts have ruled that immigrants cannot be detained without a bond hearing. The 5th and 8th US Circuit Courts of Appeals, however, have found that people accused of illegally entering and remaining in the country must stay in detention while their deportation cases proceed.
Administration lawyers told The Associated Press that the disagreement is “disrupting the orderly administration of immigration law”. They described the result as “an unworkable patchwork of inconsistent immigration enforcement”.
Who could be affected?
The case stems from a ruling by the 2nd US Circuit Court of Appeals involving Ricardo Aparecido Barbosa da Cunha, a Brazilian national who entered the United States around 2004 or 2005.
Immigration officers arrested him in September 2025 while he was driving to work in Massachusetts. Court documents cited by Reuters say he was initially denied a bond hearing under the administration’s policy but was later released on bond.
The American Civil Liberties Union, which represents the plaintiffs, told The Associated Press that the administration is seeking to deny bond hearings to immigrants apprehended inside the United States, rather than applying the restriction only to noncitizens stopped at the border.
“Millions of noncitizens could be affected by the government’s new interpretation,” ACLU attorneys wrote.
The Supreme Court is expected to hear arguments on Monday, when its new term begins.
