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Supreme Court to Review Trump Migrant Detention Policy

New York Times Top Stories •
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The Supreme Court on Thursday agreed to review the Trump administration’s policy of indefinitely detaining immigrants who crossed the border illegally years ago, signaling the court plans to weigh in on major pieces of President Trump’s aggressive deportation agenda as it begins its new term on Monday. The policy is a departure from past practice, when such migrants were generally allowed an opportunity to seek release after a hearing before a judge.

The justices previously announced that they would fast-track a separate case testing the administration's policy of deporting immigrants to countries where they have no ties. Between the two cases, the justices will consider the legality of some of the most controversial aspects of the Trump administration’s efforts to rapidly expel millions of migrants living in the United States.

The immigration case involved noncitizens who entered the United States illegally but had been living in the country for years. For decades, such people could be released on bond pending additional court proceedings. But last year, the Trump administration announced a new interpretation of a 1996 law, concluding it allowed noncitizens to be held without bond. More than 500 district court judges and nine of 11 federal appeals courts to consider the issue have rejected the administration’s new detention rule. About 70,000 people are currently in immigration detention, up from 40,000 before Mr. Trump took office in January 2025.

Source: New York Times Top Stories · Summarized by HeadlinesBriefing