The U.S. Supreme Court will take up a major case concerning the Trump administration’s immigration policy and examine whether certain noncitizens may be detained during deportation proceedings without a bond hearing.
One of three cases taken up by the Court on Thursday, Rhoney, Acting Director v. Barbosa da Cunha was assigned docket number 26-104.
The detention practice at the center of the case
The justices will decide whether federal immigration laws allow noncitizens subject to certain deportation proceedings to be detained throughout the process without being given the opportunity to request a bond hearing for their release.
The practice was implemented by Immigration and Customs Enforcement after President Donald Trump returned to office. The policy allows certain people to be mandatorily detained without an individual assessment before an immigration judge.
Before the policy change, many immigrants living in the United States who were detained could request a bond hearing before an immigration judge. Those whose requests were granted could remain out of detention while their immigration cases continued.
Ricardo Aparecido Barbosa da Cunha’s challenge
The new practice led to some immigrants who would ordinarily be able to seek release on bond being held for longer periods. Immigration advocates and lawyers challenged the policy in federal courts, arguing that the relevant laws do not require mandatory detention for these individuals.
The case was brought by Ricardo Aparecido Barbosa da Cunha, a Brazilian national who opposed the continuation of his detention. After the U.S. Court of Appeals for the Second Circuit ruled in Barbosa da Cunha’s favor, the federal government brought the case to the Supreme Court.
The administration argues that immigration laws require the mandatory detention of noncitizens covered by the policy. Barbosa da Cunha’s side argues that eligible individuals must be given an opportunity for an individual bond assessment.
The Supreme Court’s ruling could determine whether the administration may continue detaining a broad group of immigrants in deportation proceedings without bond hearings. The case is being heard as the Trump administration expands its immigration practices and detention policy.
