A federal appeals court has struck down the Trump administration's mandatory detention policy for illegal immigrants, handing the White House a legal setback on Wednesday. The Miami-based 11th Circuit ruling rejected the government's reinterpretation of a 1996 law that would have allowed ICE to hold anyone entering the country illegally without bond.
The decision deepens a circuit split that could ultimately reach the Supreme Court. Two federal appeals courts have now ruled against the policy, two have supported it, and one has deadlocked. The policy contributed to ICE detention numbers swelling to more than 70,000 earlier this year.
Judge Stanley Marcus wrote in the opinion that Congress did not grant the executive branch "unfettered authority to detain, without the possibility of bond, every unadmitted alien present in the country." The case stems from a policy change last year that eliminated bond eligibility for anyone who entered illegally, regardless of how long they had lived in the United States.
The ruling immediately affects states within the 11th Circuit, including Florida, Georgia, and Alabama. The administration is expected to appeal or seek a stay, potentially bringing the issue before the Supreme Court. Immigrant advocacy groups applauded the decision as a check on executive power.
The government has argued that mandatory detention is necessary for national security and to deter illegal crossings. Critics contend the policy violates due process and has led to overcrowded facilities.