Overview
- The 11th U.S. Circuit Court of Appeals, in a 2-1 decision Wednesday, struck down the administration’s use of 8 U.S.C. §1225(b)(2)(A) to deny bond to people arrested inside the country.
- The majority said the statute covers only applicants who are seeking admission at the border, not noncitizens long present in the U.S. who were picked up in the interior.
- The ruling aligns with the 2nd Circuit’s view, while the 5th and 8th Circuits upheld the policy, creating a clear split that points toward Supreme Court review.
- The policy, adopted last year under a new reading of a 1996 law, pushed ICE detention above 70,000 earlier in 2026 and led to more than 30,000 habeas filings by detainees seeking release.
- The case arose from two Mexican men living in Florida who were stopped for traffic violations, placed in deportation proceedings, and denied the chance to seek bond.