A federal appeals court delivered a major blow to the Trump administration’s immigration enforcement strategy Thursday, ruling that the government cannot deny detained illegal immigrants inside the United States the opportunity for bond hearings under its expanded mandatory detention policy.

Ninth Circuit Delivers Split Decision

The Ninth Circuit Court of Appeals in San Francisco issued a 2-1 decision against the administration’s position. Judge Daniel Bress, appointed by President Donald Trump himself, wrote the majority opinion rejecting the government’s legal interpretation. Bress stated that while the complicated statutory provisions present challenges in interpretation, the historical understanding of the law supports allowing bond hearings for immigrants detained within U.S. borders. Judge M. Margaret McKeown joined Bress in the majority, while Judge Carlos Bea dissented, arguing that a 1996 congressional amendment supports the administration’s stance.

Growing Legal Battle Creates Circuit Split

The decision marks the fifth appeals court to reject the policy, joining four other circuits that have ruled against the administration. However, the Fifth Circuit in New Orleans and Eighth Circuit in St. Louis have sided with the federal government, creating a deepening split among federal appeals courts. This division significantly increases the likelihood that the U.S. Supreme Court will eventually hear the case. The administration already asked the high court last month to consider the matter, seeking a nationwide resolution to the conflicting rulings.

Policy Represents Major Shift From Previous Practice

Under previous administrations, most illegal immigrants without criminal records who were arrested inside the United States could seek bond hearings while their immigration cases proceeded through the courts. Mandatory detention was typically reserved for those apprehended at the border. Last year, the government issued new guidance expanding mandatory detention to include illegal immigrants already inside the country as part of President Trump’s mass deportation plan. The policy change triggered multiple lawsuits from immigrants seeking release from custody, with some federal judges criticizing the administration for repeatedly violating court orders to provide bond hearings.

Administration Stands Firm Despite Setback

The Department of Homeland Security issued a statement expressing strong disagreement with the Ninth Circuit panel and confidence in its legal position. The department emphasized that President Donald Trump and Secretary Mullin are enforcing immigration law as Congress wrote it to protect American security. The administration maintains that Congress changed immigration law in 1996 to permit mandatory detention beyond the border and that previous administrations simply failed to enforce that measure properly. The conflicting court rulings set the stage for a potentially landmark Supreme Court decision on immigration detention authority.