A federal appeals court has ruled that a Trump administration policy aimed at detaining migrants without the possibility of release on bond evokes comparisons to the mass detention of Japanese Americans during World War II.
The 4th U.S. Circuit Court of Appeals, in a 2-1 decision, rejected the policy, which was a significant component of former President Donald Trump's broader deportation agenda.
"Mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country’s history," the court stated in its ruling. The court's majority opinion, written by Judge Nicole Berner, invoked the internment of Japanese Americans during World War II as a cautionary tale against broad executive detention powers that bypass due process.
"The stain of these detentions on our nation—and the judiciary’s abdication of its obligation to protect basic freedoms—continues to haunt us," Berner wrote.
This ruling marks the ninth time federal appeals courts have found the U.S. Immigration and Customs Enforcement's (ICE) mandatory detention policy to be illegal. The courts have generally concluded that such policies could apply to recent arrivals at or near the border, but not to migrants found to be residing elsewhere within the country. However, two other circuit courts have upheld the policy, creating a split that makes U.S. Supreme Court review likely.
Immigrant rights organizations have argued that denying bond hearings to individuals, including long-term residents, during removal proceedings violates fundamental due process. "The courts have resoundingly rejected the administration’s cruel policy and its blatant disrespect for the rule of law," said My Khanh Ngo, senior staff attorney with the ACLU’s Immigrants’ Rights Project.
The Department of Homeland Security expressed disappointment with the decision. A spokesperson noted that the agency had recently sought a Supreme Court review of a similar ruling from the Sixth Circuit, asserting the legal soundness of DHS's position. "This legal position was the nail in the coffin for Biden’s catch and release policies," the spokesperson stated. "That is why the left and their activist proxies on the judiciary are resisting it so vigorously. President Trump and Secretary Mullin are now enforcing the law as it was actually written to keep America safe. As our record in the U.S. Supreme Court demonstrates, the law is on our side."
In July 2025, the Trump administration announced its intention to detain any migrant found within the U.S. whom ICE determined had not received permission to enter the country. The policy has been a focal point of controversy, leading to protests in several cities.