'Deprivation of liberty': Trump admin hits trifecta of federal courts rejecting ICE's indefinite detention policy

Source: Law & Crime

May 12th, 2026, 1:34 pm


For the third time in three weeks, a federal court of appeals has ruled against government attempts to indefinitely detain immigrants, in a ruling restricting the power of Immigration and Customs Enforcement (ICE).

On July 8, 2025, ICE issued the new policy, instructing agents to deny bond for anyone who entered the country without "inspection," in a memo that has since opened the floodgates of litigation as dozens of detained individuals have filed petitions for a writ of habeas corpus.

Under the terms of the policy, such immigrants are to be detained "for the duration of their removal proceedings" unless granted parole — a much rarer form of release. In real terms, the Trump administration has made clear that parole is not on the table and that such detentions are intended to be indefinite or until those detained can be deported.

On Monday evening, a 2-1 panel on the U.S. Court of Appeals for the 6th Circuit rejected the government's novel interpretation of the Immigration and Nationality Act (INA), reinforcing a circuit split and all but certainly leading to resolution before the U.S. Supreme Court.

Read more: https://lawandcrime.com/high-profile/deprivation-of-liberty-trump-admin-hits-trifecta-of-federal-courts-rejecting-ices-indefinite-detention-policy/

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Link to ORDER (PDF) - https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0139p-06.pdf

REFERENCES

https://www.democraticunderground.com/10143612714 (5th Circuit) (2-1 to detain)
https://www.politico.com/news/2026/03/25/mandatory-detention-ruling-8th-circuit-00844386 (8th Circuit) (2-1 to detain)
https://www.democraticunderground.com/10143661623 (11th Circuit) (2-1 to release)
https://www.democraticunderground.com/10143661135 (7th Circuit) (split 1-1 with a 3rd endorsing neither)
https://www.democraticunderground.com/10143657786 (2nd Circuit) (3-0 to release)


RELATED - https://www.democraticunderground.com/10143636210