The Supreme Court announced Thursday that it will take up a challenge to the Trump administration’s policy of mandatory detention for illegal immigrants, setting up one of the biggest tests yet for President Donald Trump’s immigration agenda at the high court.
The justices approved the petition to hear oral arguments in Rhoney v. Barbosa da Cunha, a case that was appealed from the U.S. Court of Appeals for the 2nd Circuit, in an orders list released Thursday morning, days after the high court’s long conference. The high court will schedule oral arguments for sometime between January and April 2027 at a later date.
The Trump administration has pursued a policy of keeping illegal immigrants detained while their removal proceedings play out in court, rather than releasing them into the country on bond while proceedings move forward, as previous administrations have done. The Trump administration has defended the policy by citing the 1996 Immigration and Nationality Act as authorizing the detention procedure, with officials claiming past administrations simply declined to use the authority they had under the INA.
Federal appeals courts have been sharply divided over whether the mandatory detention policy is lawful, with the 2nd, 4th, 6th, 7th, 9th, 10th, and 11th Circuits rejecting the policy, and the 5th and 8th Circuits upholding it as lawful. While the split among the circuits appears lopsided, the split between individual U.S. circuit judges is much closer.
The Trump administration has been overwhelmingly successful on immigration cases at the Supreme Court since returning to the White House last year, notching wins on various policies, including ending temporary protected status for immigrants from various countries. The Trump administration’s lone loss in an immigration case last term came in the legal battle over birthright citizenship.
SUPREME COURT ALLOWS THIRD-COUNTRY DEPORTATIONS TO CONTINUE AHEAD OF DECEMBER ORAL ARGUMENTS
During the upcoming Supreme Court term, which will run through the end of June 2027, the high court will examine multiple immigration cases, including a challenge to Trump’s third-country deportation policy.
The Supreme Court will begin its new term on Monday with oral arguments in a major case that could determine the fate of costly climate change lawsuits brought by cities and states against oil companies.