WorldPosted at: Oct 1 2026 10:02PM


US SC to rule on whether immigrants facing deportation can be indefinitely detained

Washington, Oct 1 (UNI) The US Supreme Court said on Thursday it would consider whether immigrants facing deportation can be held in detention indefinitely while their cases are being decided. The eventual ruling on the case could determine the future of President Donald Trump's immigration crackdown.
The case has been among three taken up by the court ahead of the justices' return on Monday for a new nine-month term following their summer break. Rulings in all three cases are expected by the end of June.
Central to the dispute is whether immigrants facing deportation should be allowed to seek release through bond hearings while their cases proceed. Such hearings were standard practice under previous administrations.
The justices will hear an appeal by the Trump administration in the case of Ricardo Aparecido de Cunha, a Brazilian national who entered the US in the mid-2000s. He was detained following a traffic stop in Norwood, Massachusetts, in September 2025.
After de Cunha challenged his detention, a federal district court judge ordered his release. The New York-based 2nd US Circuit Court of Appeals subsequently upheld the decision.
Lower courts have been divided over the issue, although most have sided with immigrants who argue that the federal law invoked by the Trump administration to justify detention without bond hearings applies only to people detained near the US border.
Since last summer, the administration has sought to extend the law to anyone deemed to have entered the country illegally, including those who have lived in the US for years and are detained far from the border.
Several cases challenging the policy are pending before the Supreme Court.
In court filings, Solicitor General D John Sauer described the dispute as a "critically important question of immigration law". He argued that the policy removes a "perverse incentive" under which people who evade detention upon entering the US receive more favourable treatment than those detained at the border.
Sauer also argued that the lawsuits challenging the policy were "disrupting the orderly administration of immigration law".
Thousands of people have already been detained under the policy, which could affect millions of immigrants if extended further. Many have challenged their detention in court.
The case does not cover immigrants convicted of certain crimes, already held until deportation under federal law. However, separate lawsuits have questioned whether they, too, should be eligible for bond hearings.
The challengers, led by the American Civil Liberties union (ACLU), have described the administration's policy as a "radical reinterpretation" of immigration law. They have also pointed out that some detainees were young children when they entered the US.
ACLU lawyers argue that those challenging their detention do not pose a flight risk or a danger to the public and should therefore have the opportunity to seek release while their deportation proceedings continue.
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