The U.S. Supreme Court announced on Thursday that it will review a Trump administration policy that requires the mandatory detention of certain immigrants without access to bond hearings during their removal proceedings. The case, *Rhoney v. Barbosa da Cunha*, addresses whether federal immigration authorities can hold noncitizens, including those who have lived in the country for years, without bond while they await deportation.
The dispute reached the high court after federal appeals courts issued conflicting rulings on the policy's legality. While two U.S. appeals courts have upheld the administration's authority to hold detainees without bond, nine others have ruled that the government must provide bond hearings and potential release eligibility. Previously, Immigration and Customs Enforcement (ICE) primarily restricted bond eligibility for those with specific criminal convictions or recent border crossers, but the agency tightened rules last year to include all immigrants in the country illegally.
The specific case involves Ricardo Aparecido Barbosa da Cunha, a Brazilian citizen who has lived in the U.S. for over 20 years and has no criminal record. After being taken into custody during a 2025 traffic stop, he was denied a bond hearing by an immigration judge citing the mandatory detention provision. A federal judge later ruled in his favor, leading to his release on bond in October 2025. The U.S. Court of Appeals for the 2nd Circuit subsequently rejected the administration's policy, and the Justice Department sought Supreme Court intervention.
The Justice Department reported that thousands of individual challenges to these detentions have forced federal prosecutors to divert resources away from other criminal and civil cases. A ruling in favor of the administration would affirm ICE's ability to hold detainees without bond hearings, while a ruling against it would mandate hearings, potentially leading to the release of individuals pending final deportation decisions.
The Supreme Court is scheduled to hear oral arguments during its new term, which begins on Monday. A final decision will resolve the current split among lower courts and establish a uniform national standard for immigration detention. Until the court issues its opinion, the current system of conflicting regional rules remains in place. The court has not yet announced a specific date for the final ruling.