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Ninth Circuit Rejects Trump Administration’s Mandatory Detention Rule

The ruling is likely to send the dispute over bond rights for interior immigration detainees to the U.S. Supreme Court for a final decision.

FILE - A sign marks the entrance to a series of hardened tents at the Camp East Montana immigrant detention center in the desert at a U.S. Army base on the outskirts of El Paso, Texas, Feb. 13, 2026. (AP Photo/Morgan Lee, File)
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The 9th Circuit is the seventh appeals court to rule on bond release in the last year and the fifth to reject the Trump administration’s arguments. 

Overview

  • A three-judge Ninth Circuit panel ruled Thursday, July 30, in a 2–1 decision that most noncitizens arrested inside the United States cannot be held without a bond hearing.
  • Judge Daniel Bress, a Trump appointee, wrote the majority opinion joined by Judge M. Margaret McKeown while Judge Carlos Bea dissented.
  • The court said the 1996 statutory provision cited by the administration applies to people “seeking admission” at the border and does not automatically mandate detention for those arrested in the interior.
  • The ruling covers California, Arizona, Nevada and Washington and could require bond hearings or releases for thousands of detainees who filed habeas petitions after ICE’s July 2025 guidance expanded mandatory detention.
  • Other federal appeals courts have split on the issue with the Fifth and Eighth Circuits siding with the government and multiple circuits rejecting it, a division that has prompted the Solicitor General to seek Supreme Court review.