Asylum-seekers with no criminal records win appeals court ruling against no-bond detention
Mar 13, 2026
The Trump administration implemented a policy change to detain asylum-seekers with no criminal records across multiple states while their cases proceed, with detentions reported in Maine, Minnesota, New York, Virginia, Ohio, Oklahoma, Alaska, Wisconsin, California, and Texas. Attorneys and advocates report that detainees experience harsh conditions and family separation, with some individuals choosing voluntary deportation after months in custody. On April 28, 2026, a unanimous panel of the 2nd U.S. Circuit Court of Appeals ruled the administration cannot deny bond hearings to immigrants under its mandatory detention policy, splitting from the 8th and 5th circuits and setting up a likely Supreme Court appeal. The policy, in place since July, has led to more than 30,000 lawsuits from detained immigrants seeking release through federal habeas corpus petitions.
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