Fourth Circuit Rules Mandatory Immigrant Detention Without Bond Hearings Unlawful, Deepening Circuit Split

The 4th U.S. Circuit Court of Appeals ruled that the Trump administration's policy of mandatory detention without bond hearings for immigrants already living in the U.S. is unlawful. The 2-1 decision held that the Illegal Immigration Reform and Immigrant Responsibility Act entitles noncitizens present in the country to bond hearings before immigration judges. Writing for the majority, Judge Nicole Berner stated the policy would subject millions to mandatory detention, 'harkening back to some of the darkest moments in our country's history,' including Japanese American internment. The ruling creates a circuit split, as the 5th and 8th Circuits previously upheld the policy, increasing the likelihood of Supreme Court review.

"Mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country's history." — Judge Nicole Berner, 4th Circuit majority opinion — From the majority opinion in the 4th Circuit ruling. Quote verified against source