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Supreme Court to Hear Trump-Era Immigration Cases
· Confirmed
In Short: The Supreme Court will hear cases challenging the Trump administration's immigration policies, including detention and deportation practices.
Supreme Court justices will begin hearing oral arguments Monday on a wide range of cases this term involving gun rights, religious freedom, immigration detention, and the limits of government power.
Nine federal appeals courts have ruled that Section 1226 applies, providing a path for detained immigrants to seek release on bond.
The Trump administration scored a major victory at the Fifth Circuit Court of Appeals Friday, ruling that detained illegal immigrants who were never formally admitted into the U.S. do not have a constitutional right to a bond hearing.
The court held that years or even decades of residence in the U.S., along with ties to the country and their communities, do not create a constitutional right to a bond hearing.
The Supreme Court agreed Thursday to review a Trump administration policy denying bond hearings for immigrants as the government carries out a sweeping crackdown.
The case centers on Ricardo Aparecido Barbosa da Cunha, a Brazilian citizen who entered the U.S. without inspection more than two decades ago and applied for asylum in 2016.
The Supreme Court also granted the Justice Department’s emergency request to put on hold a lower court ruling that the Department of Homeland Security’s policy permitting the removal of migrants to so-called third countries is unlawful.
The high court will hear arguments on whether the enforcement priorities are lawful in December.
The court will also consider whether immigrants who have been living in the U.S. have a right to a hearing to determine if they should remain detained while challenging their possible deportation.
Millions of noncitizens could be affected by the government’s new interpretation, according to ACLU attorneys.
The Trump administration’s victory at the Fifth Circuit Court of Appeals could impact the Supreme Court’s reasoning in disputes over federal laws.
The Supreme Court’s conservative majority has not always favored environmental regulations, raising concerns for environmentalists.
What this adds
The Supreme Court's decision to hear these cases could either undercut or strengthen the government's hand in immigration policy.
The court's conservative majority may influence the outcome of environmental regulations, making it an uphill battle for environmentalists.
The Trump administration's victory at the Fifth Circuit Court of Appeals may impact the Supreme Court’s reasoning in disputes over federal laws.
The court's decision on the SAVE program could have implications for voter verification and election integrity.
Background
The Supreme Court will begin hearing oral arguments on Monday in a wide range of cases this term, including a major challenge to the Trump administration's immigration policy.
The Supreme Court granted the Trump administration's request to continue rapid third-country deportation of immigrants, while also temporarily upholding a Trump-era agreement.
What's confirmed
- Supreme Court justices will begin hearing oral arguments Monday on a wide range of cases this term involving gun rights, religious freedom, immigration detention and the limits of government power.
- The Supreme Court on Thursday agreed to review a Trump administration policy denying bond hearings for immigrants as the government carries out a sweeping crackdown.
- “Millions of noncitizens could be affected by the government’s new interpretation,” ACLU attorneys wrote.
What's still developing
- Barbosa da Cunha this term, a closely related fight over whether the federal mandatory-detention statute applies at all to longtime immigrants arrested inside the country — setting up the possibility that the justices could either undercut Friday’s ruling or strengthen the government's hand.
- US Secretary of State Marco Rubio had invoked an obscure provision of the Immigration and Nationality Act to deem Khalil removable, citing his involvement in “antisemitic protests and disruptive activities” at Columbia in 2024 that the government said fostered a hostile environment for Jewish students.
- Khalil, a lawful permanent resident, is challenging a federal appeals court decision that overturned a judge's order releasing him from detention.
- Mahmoud Khalil, the former Columbia University graduate student who spent 104 days in immigration detention over his pro-Palestinian activism, asked the U.S.
- But for all practical purposes, the formerly quiet summer months after the court finishes its opinions in all argued cases no longer exists.
- What the companies were telling the public for years, he says, is "the opposite of what the company's own scientists knew, and the local cost of that deception." That said, however, most court observers see the case as an uphill battle for environmentalists.
- “The result is an unworkable patchwork of inconsistent immigration enforcement, where aliens present without admission are subject to mandatory detention in some circuits but are entitled to bond hearings and often released in others,” lawyers for the administration wrote.
- Back in 2019, the last time the Trump administration directed federal authorities to comb through Omar’s immigration records, they found no evidence of wrongdoing.
- Until then, the 5 th Circuit’s decision stands and they are blocked from being implemented.In September 2021, DHS Secretary Mayorkas issued a memo that laid out new priorities for the arrest, detention, and deportation of individuals subject to immigration enforcement.
- Around 6 AM on Monday, October 12, roughly two dozen federal agents raided the Washington, D.C., residence of Representative Ilhan Omar, a Minnesota Democrat and the first Somali American member of Congress.
- Here are 5 cases to watch "We lost our homes and they left us to figure out for ourselves how to make our neighborhoods safe again," Somauroo said.
- WATCH: What Trump's rollback of fuel economy standards means for drivers The case will come before a conservative-majority Supreme Court where environmental regulations have not always fared well, including a 2022 decision that limited the EPA's authority to regulate carbon dioxide emissions from power plants.