Federal judges rebuke ICE detention as similar to WWII internment camps
The court said the government’s reading could subject millions to detention without bond and compared mass detention to past U.S. internment programs.
- On Thursday, the Fourth Circuit Court rejected the Trump administration's policy of jailing longtime residents without bond hearings, handing Immigration and Customs Enforcement its ninth straight appellate defeat. The 2-1 ruling affirms both men are entitled to bond hearings.
- In July 2025, ICE issued guidance titled "Interim Guidance Regarding Detention Authority for Applicants for Admission," reclassifying long-term undocumented residents as 'applicants for admission' subject to mandatory detention without bond. This departed from decades of practice across multiple presidential administrations.
- Writing for the majority, Judge Nicole Berner invoked the internment of nearly 120,000 Japanese Americans during World War II, arguing "mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country's history." Judge Allison Jones Rushing dissented.
- The ruling deepens a widening divide among federal appeals courts; the Fifth and Eighth Circuits have upheld the government's interpretation. This split signals the Supreme Court may eventually step in to provide a nationwide answer to the detention authority question.
- If upheld, the administration's policy could subject millions of long-term residents to incarceration without due process based solely on unlawful entry. The ongoing legal fight moves toward a potential Supreme Court showdown over the scope of ICE detention powers.
12 Articles
12 Articles
Appeals court rejects ICE detention policy, setting up Supreme Court review
A divided federal appeals court on Thursday rejected the Trump administration’s policy of holding certain immigrants without access to bond hearings, with the majority invoking Japanese internment during World War II as a warning against mass detention. The 2-1 decision by the U.S. Court of Appeals for the 4th Circuit deepened a split among appeals courts […]
Supreme Court Showdown Likely As Appeals Court Rejects ICE Policy To Detain Unlawful Migrants Without Bond Hearings, Makes Comparison To WWII Japanese Internment Camps – 100PercentFedUp.com – by Danielle
A federal appeals court on Thursday rejected an effort by Immigration and Customs Enforcement (ICE) to detain migrants in the […]
OUTRAGEOUS: Obama and Biden Judges on Fourth Circuit Block ICE From Holding Illegal Aliens Without Bond — Compares Trump ICE Detention Policy to Japanese Internment and 1892 Geary Act Targeting Chinese Laborers * The Gateway Pundit * by Jim Hᴏft
A divided Fourth Circuit panel on Thursday handed the Trump administration another blow in its effort to detain illegal aliens who entered the country without inspection, even those who have been living here for decades, without a bond hearing while their removal cases play out.
Appeal Court Rejects ICE’s No-Bond Detention Policy
Politico reports: A federal appeals court on Thursday rejected ICE’s effort to detain millions of people without bond, comparing it to the “historical stain” of Japanese internment during World War II. “Mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country’s history,” 4th Circuit Court of … The post Appeal Court Rejects ICE’s No-Bond Detention Policy appeared first on Joe.My.God…
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