Supreme Court Asked to Review Immigration Detention Policy

The Trump administration has sought intervention from the Supreme Court, requesting that judges be prohibited from releasing individuals who are in the U.S. illegally until their deportation proceedings are finalized. This request was outlined by Attorney General John Sauer in a recent legal filing.

Sauer has asked the Supreme Court to clarify whether illegal immigrants can be subjected to mandatory detention by ICE during these proceedings. This filing follows a ruling from the Sixth Circuit Court of Appeals in May, which rejected a policy aimed at detaining illegal immigrants beginning in July 2025.

“This court should expedite the review and resolution of this matter, especially considering the number of cases involved,” Sauer stated.

The administration’s petition arrives at a time when judges have reportedly issued over 9,300 rulings against its policies, which have been labeled as unprecedented. Many federal district judges have rejected the proposed policy, arguing it violates legal and constitutional rights. The policy mandates that individuals, some of whom have resided in the U.S. for years, be detained without a bail hearing while awaiting their deportation outcomes.

Despite the overwhelming pushback from district judges, Sauer noted that there exists an “unsustainable division” among appellate courts. Notably, five appellate courts have ruled against the administration’s stance, which tends to increase the likelihood of Supreme Court involvement.

Todd M. Lyons, Acting Director of U.S. Immigration and Customs Enforcement, indicated in a memo on July 8, 2025, that individuals in the country illegally would be “ineligible for bail hearings.” This change followed a review of legal authority regarding detention and release by the Departments of Homeland Security and Justice.

Additionally, earlier reports noted that the U.S. Court of Appeals for the Second Circuit had ruled that individuals held in New York detention facilities should be released. The Washington Post also pointed out that judges issued over 80,000 voluntary departure orders from January 2025 to March of this year.