A 2-1 ruling by the Ninth Circuit blocks the Trump administration from denying bond hearings to immigrants detained inside the United States, effectively rolling back the expansion of mandatory detention.

The majority rejects the administration’s claim that a 1996 immigration law permits mandatory detention beyond the border, with Judge Daniel Bress finding the statute’s historical understanding to be the better reading.

The decision centers on applying the policy to detainees inside the U.S.; it argues the policy should apply only at the border, while detention can still occur for those deemed flight risks or a danger.

Note: this article was translated from English into Spanish with AI-assisted help.

The ruling occurs against a backdrop of broader challenges to mass detentions and a wave of habeas corpus petitions nationwide in response to the policy.

The Seventh Circuit case central to the ruling is Cirrus Rojas v. Olson, No. 25-03127, with the opinion issued on July 30, 2026.

Looking ahead, the Fifth Circuit will hear arguments later this fall on due process grounds related to mandatory detention, signaling potential constitutional challenges alongside statutory ones.

The decision follows a Nevada federal court ruling in March that the mass deportation policy violated federal law and caused irreparable harm, and notes ongoing litigation, including challenges to detention for interior detainees.

The broader litigation includes multiple judgments questioning detention policies and whether ICE can detain everyone facing deportation.

The ruling deepens a circuit split, with four other appeals courts rejecting the administration’s policy while the Fifth and Eighth Circuits have upheld it, increasing pressure toward possible Supreme Court review.

As circuits remain divided, the case heightens prospects that the Supreme Court will weigh in on mandatory detention and the government’s interpretation of the INA.

The split and ongoing appeals collectively raise the likelihood of eventual Supreme Court resolution on this nationwide issue.