Supreme Court to hear dispute over Trump's mandatory detention policy
Updated on: October 1, 2026 / 11:46 AM EDT / CBS News
TL;DR
- The Supreme Court will consider the legality of the Trump administration's mandatory detention policy for immigrants in removal proceedings.
- The policy targets all immigrants in the U.S. illegally, including those who have resided in the country for years, denying them bond hearings.
- This policy has been challenged across the country, with hundreds of district judges rejecting it, though federal appeals courts are divided.
- The case involves Ricardo Aparecido Barbosa da Cunha, a Brazilian citizen who has lived in the U.S. illegally for over 20 years without a criminal record, and was denied a bond hearing.
- The 2nd Circuit Court of Appeals previously rejected the policy, calling it the 'broadest mass-detention-without-bond mandate in our nation's history.'