Overview
- An analysis found more than 200 rulings by over 100 federal judges concluding the automatic detention policy likely violates the law or due process.
- Judges appointed by presidents of both parties have ruled against the policy, including 12 Trump appointees joining decisions that criticized the new interpretation.
- Only two federal judges have adopted the administration’s position, one appointed by Obama and one by Trump.
- The Justice Department has begun appealing multiple adverse district-court decisions, seeking reversals in the appellate courts.
- A DHS spokesperson defended the policy’s legality by pointing to a recent Board of Immigration Appeals decision upholding the agency’s approach.