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

Defendant Lindsay Clancy looks at the jury after Judge William Sullivan declared a mistrial in Clan...

Associated Press

Lindsay Clancy’s lawyer asks the judge to spare her a second trial for killing her children

BOSTON (AP) — Lindsay Clancy shouldn’t be tried a second time for killing her three young children because prosecutors don’t have enough evidence, her lawyer told a judge Thursday, saying the court should decide she’s not guilty by reason of insanity. Eleven of 12 jurors were ready to clear Clancy of criminal responsibility last Friday, […]

39 minutes ago

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

Associated Press

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

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 […]

41 minutes ago

McKenna West, left, arrives with her legal team for a court hearing in Dallas, Tuesday, Aug. 25, 20...

Associated Press

Surrogate asks the Supreme Court to intervene over care for a sick baby

A California couple’s surrogate who refused their wishes to have an abortion has asked the U.S. Supreme Court to intervene in a custody dispute over the 4-week-old child who was born with a serious heart defect. McKenna West filed the emergency order Wednesday, widening a legal battle over surrogacy and abortion that has won the […]

1 hour ago

FILE - Michigan Gov. Gretchen Whitmer speaks during the Annual Meeting of the World Economic Forum ...

Associated Press

Whitmer rethinks Line 5 tunnel permits, ramps up shutdown pleas after court ruling

State environmental regulators are reviewing permits they recently granted for the Line 5 tunnel project, in light of a recent Michigan Supreme Court decision that raised the bar for environmental reviews. Gov. Gretchen Whitmer and Phil Roos, director of the Michigan Department of Environment, Great Lakes and Energy, announced the development Wednesday in a press […]

1 hour ago

People visiting the Smithsonian Museum of American History on the National Mall in Washington, Tues...

Associated Press

Smithsonian marks 25th anniversary of 9/11 with a display of rare artifacts

WASHINGTON (AP) — Seat belts and a flight attendant call button from the doomed United Airlines Flight 93. A purse filled with keys and a wallet recovered from the World Trade Center site. The telephone that sat on U.S. Solicitor General Ted Olson’s desk when his wife, Barbara, called from a hijacked airplane. The Smithsonian’s […]

2 hours ago

FILE - The Michigan Marching Band performs at the end of the first period during an NCAA college me...

Associated Press

Former hockey players at University of Michigan sue, say they were sexually abused decades ago

DETROIT (AP) — More than a dozen former hockey players are suing the University of Michigan, alleging their coach and other staff were aware of sexual hazing that included the forced shaving of their genitals and other abuse by teammates decades ago. “The abuse was ritualized, meticulously planned, and sadistic. … Enduring sexual abuse was […]

2 hours ago

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