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US Supreme Court to Weigh Trump's Mandatory Immigration Detention Without Bond Hearings
The US Supreme Court agreed Oct 1 to hear the Trump administration's appeal defending mandatory detention without bond hearings for immigrants who entered the country illegally, in the case Rhoney v. Barbosa da Cunha.
Why it matters
The case, Rhoney v. Barbosa da Cunha, is the latest battle over President Trump's mass-deportation agenda to reach the top US court. A Department of Homeland Security guidance issued in July 2025 subjects people who entered the United States illegally to detention without a bond hearing for the entire length of their deportation cases, which can run for months or years — reversing a nearly three-decade-old interpretation that allowed those already living in the country to be released on bond.
Full report
WASHINGTON, Oct 1 (Reuters) — The US Supreme Court agreed on Thursday to hear the Trump administration's appeal defending a policy of mandatory detention, without bond hearings, for immigrants who entered the United States illegally. The justices will take up the case in their new term beginning Monday.
The case involves Ricardo Aparecido Barbosa da Cunha, a Brazilian national who authorities say entered the United States illegally about two decades ago, applied for asylum in 2016 and was arrested in September 2025. His lawyers say he has never been charged with or convicted of a crime. After an immigration judge ruled his detention was mandatory, a federal judge in New York ordered a bond hearing, and the New York-based 2nd US Circuit Court of Appeals affirmed on April 28, 2026, holding that his detention is governed by 8 U.S.C. § 1226(a), which allows a bond hearing — not the no-bond border statute the government invoked.
Most federal appeals courts that have considered the issue concluded that denying these immigrants a bond hearing violates federal law, but the 5th and 8th Circuits reached the opposite conclusion, creating a split the administration says interferes with consistent enforcement. The Supreme Court, with its 6-3 conservative majority, has so far allowed a number of Trump's hardline immigration policies to go into effect.
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