Courts Across U.S. Reject Trump’s Mass Detention Policy as Nationwide Class Advances

Overview

• At least 225 federal judges in more than 700 cases have found the July ICE detention policy likely unlawful, with rulings citing due‑process concerns and an “onslaught of litigation,” according to a new POLITICO analysis.
• Only eight judges nationwide have sided with the administration, six of them Trump appointees, while opposition includes 23 Trump appointees from at least 35 states.
• A California judge approved a nationwide class that could require the government to provide bond hearings, and courts in Massachusetts and Colorado have also certified class actions.
• The Board of Immigration Appeals has embraced the administration’s interpretation by declaring immigration judges lack authority to grant bond under the policy, pushing detainees to seek relief in federal court.
• The administration is pursuing appeals, requesting expedited rulings in the 5th and 8th Circuits while seeking slower timetables elsewhere, as DHS defends the approach as faithful to the statute.