A federal appeals court on Thursday, July 31st, 2026, ruled that the Trump administration cannot deny migrants detained inside the United States a chance for release on bond under its expanded mandatory detention policy. In a 2-1 decision, the Ninth Circuit Court of Appeals in San Francisco ruled against the administration's policy, which was part of its mass deportation plan.

This ruling aligns with decisions from four other appeals courts that have also rejected the policy, although the Fifth Circuit in New Orleans and the Eighth Circuit in St. Louis have taken differing stances.

The Department of Homeland Security expressed strong disagreement with the Ninth Circuit's decision, stating it is confident in its legal position regarding mandatory detention. The department said, "President Donald Trump and Secretary Mullin are now enforcing the law as it was actually written to keep America safe."

The administration has maintained that Congress amended immigration law in 1996 to allow mandatory detention beyond the border and argued that previous administrations failed to enforce this measure properly.

Judge Bress, writing for the majority, noted, "Although no reading of the complicated and interrelated textual provisions at issue here is without some shortcomings, the historical understanding of the statute is the better one."

This ruling marks a significant judicial check on the Trump administration's immigration enforcement approach, emphasizing the legal requirement to provide detained migrants with bond opportunities.

Sources