NATIONAL NEWS

Appeals court cites detention of Japanese Americans in ruling blasting Trump immigration policy

Sep 10, 2026, 12:19 PM

FILE - A group of undocumented migrants is deported by U.S. Immigration and Customs Enforcement age...

FILE - A group of undocumented migrants is deported by U.S. Immigration and Customs Enforcement agents across the McAllen–Hidalgo–Reynosa International Bridge in McAllen, Texas, March 13, 2026. (AP Photo/Felix Marquez, File)
Credit: AP Photo/Felix Marquez

(AP Photo/Felix Marquez, File)

The Trump administration’s policy of holding immigrants without a chance for release on bond is illegal and “harkens back to some of the darkest moments in our country’s history,” including the mass detention of Japanese Americans during World War II, a divided federal appeals court ruled Thursday.

The 4th U.S. Circuit Court of Appeals became the ninth federal appeals court to reject the administration’s mandatory detention policy — a key part of its mass deportation campaign. Two other appeals courts have upheld it, creating a split that greatly increases the odds that the U.S. Supreme Court will take up the issue.

The split also means immigrants in some parts of the country are getting bond hearings while those in other places, including Texas and Louisiana, face additional hurdles to seek release.

The U.S. Department of Homeland Security said in a statement it was “confident in its legal position regarding mandatory detention,” noting it had recently asked the Supreme Court to take up the issue.

Under previous administrations, most noncitizens without a criminal record who were arrested inside the U.S. were allowed to seek a bond hearing while their immigration cases were pending. Mandatory detention was generally reserved for people arrested at the border.

Last July, immigration officials issued guidance expanding mandatory detention to immigrants in the U.S. interior. President Donald Trump’s administration has argued that Congress changed immigration law in 1996 to allow mandatory detention beyond the border, but previous administrations didn’t enforce that provision.

“President Trump and Secretary Mullin are now enforcing the law as it was actually written to keep America safe,” Homeland Security said, referring to DHS Secretary Markwayne Mullin.

The 4th Circuit and most other federal appeals courts have rejected that interpretation.

“The government’s track record speaks for itself at this point,” said Michael K.T. Tan, deputy director of the ACLU’s Immigrants’ Rights Project and lead attorney on the lawsuit before the 4th Circuit.

In a 2-1 decision, 4th Circuit Judges Barbara Keenan and Nicole Berner said Congress in 1996 would have provided greater clarity if it intended to allow the mandatory detention of millions of people. Keenan was nominated by President Barack Obama; Berner by President Joe Biden. Judge Allison Rushing, who was nominated by President Donald Trump, dissented.

Writing for the majority, Berner said the administration’s policy would “implicate the constitutional due process rights of millions of noncitizens in our country, many of whom have lived, worked, and become integral parts of their communities, for years.”

“Mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country’s history,” she wrote.

She cited Japanese internment and the mass detention of Chinese immigrants in the late 1800s and said the Trump administration’s policy was even more expansive than “those shameful and abhorrent past detentions.”

National News

Associated Press

Under Trump, census eyes sweeping plan to omit immigrants, race data

The Trump administration is proposing a dramatic overhaul of the once-a-decade U.S. Census head count that could leave out millions of immigrants based on status and key racial and ethnic data, jeopardizing the allocation of resources and the country’s voting map. The potential changes, announced Wednesday, would exclude undocumented immigrants, asylum seekers and anyone without […]

1 hour ago

Amanda Bickerstaff, CEO of AI for Education, speaks at Academic Magnet High School during the Charl...

Associated Press

Senators from both parties question OpenAI on breach of AI startup Hugging Face

WASHINGTON (AP) — Lawmakers worried about the existential risk posed by new artificial intelligence products demanded information from OpenAI on Thursday with separate queries that underscored growing concerns in Washington about the technology’s potential to elude human control. Sen. Josh Hawley, R-Mo., launched an investigation Thursday into OpenAI for its artificial intelligence system hacking into […]

3 hours ago

In this photo taken with a smartphone, people opposed to a congressional redistricting plan rally o...

Associated Press

Congressional map changes triggered frustration more than confusion for some Missouri voters

KANSAS CITY, Mo. (AP) — Leslie Moody has strong opinions on politics. But ask her who was on the ballot for her U.S. House district in Kansas City when she voted in last month’s primary, and she isn’t sure, though she knew it wasn’t her current representative, Democrat Emanuel Cleaver. That’s because the districts have […]

3 hours ago

A sign directs voters to an entrance for City Hall during early voting for the Rhode Island primary...

Associated Press

Justice Department directs states to hold on to 2024 election records as it seeks their voter data

WASHINGTON (AP) — The Trump administration is ordering officials in more than two dozen states to preserve records from the 2024 election as part of a campaign to force states to turn over detailed voter records despite repeated court losses. The Justice Department sent letters to 29 states and the District of Columbia instructing election […]

5 hours ago

This image, contained in the indictment against former President Donald Trump, and partially redact...

Associated Press

Prosecutor brought in to lead investigation of Trump foes says he has resigned his position

WASHINGTON (AP) — An ally of President Donald Trump said Thursday that he has resigned from his post leading a Justice Department investigation into whether former law enforcement and intelligence officials conspired against the Republican president. “I did in fact resign,” Joe diGenova told The Associated Press, calling it an “honor and a privilege” to […]

5 hours ago

This image from Homeland Security Investigations body camera video shows federal authorities enteri...

Associated Press

Body camera video offers a rare look inside an immigration raid at a NY factory

The sprawling snack-food factory in upstate New York appeared to be closed when a small army of immigration officers arrived after 9 a.m. Following a brief discussion of whether to force their way inside, a manager opened the front door. Over the next several hours, body cameras were running as federal authorities from several agencies […]

6 hours ago

Appeals court cites detention of Japanese Americans in ruling blasting Trump immigration policy