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Federal judge rules DHS mandatory detention policy violates federal law

May 18, 2026 · Las Vegas, NV

Federal judge rules DHS mandatory detention policy violates federal law

A federal judge ruled that the Department of Homeland Security's mandatory detention policies for immigrants who entered without inspection violated federal law and the Administrative Procedure Act. The ruling allows hundreds of immigration detainees in Nevada to seek bond hearings before an immigration judge. The ACLU of Nevada brought the class action lawsuit challenging the policies, which advocates said could also affect thousands of future immigration detainees. The U.S. Court of Appeals for the 10th Circuit issued a ruling finding that ICE's mandatory detention policy violates federal law. The decision addresses the legality of a blanket detention practice without individualized consideration of detainees' circumstances or flight risk.

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