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Third Circuit hears arguments on Trump administration's mandatory detention policy for undocumented immigrants

May 12, 2026 · Philadelphia, PA

Third Circuit hears arguments on Trump administration's mandatory detention policy for undocumented immigrants

A three-judge panel of the U.S. Court of Appeals for the Third Circuit heard oral arguments on whether the Trump administration's mandatory detention policy—requiring detention of nearly all undocumented immigrants—is legal. The case involves two undocumented immigrants detained under the policy after more than a decade in the United States; both were ordered released by federal judges in Philadelphia, who found their detention unlawful. The panel appeared divided, with Judge McKee pressing the Justice Department on whether immigrants can be detained indefinitely without recourse, while Judge Mascott appeared more open to the government's position. Similar challenges have reached five other circuit courts, with mixed rulings so far.

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