Supreme Court to hear dispute over Trump's mandatory detention policy

Updated on: October 1, 2026 / 11:46 AM EDT / CBS News

Supreme Court to hear dispute over Trump's mandatory detention policy

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.'