As Trump squeezes the International Criminal Court, more countries are leaving

The Trump administration's policy of holding immigrants without the opportunity for bond release is deemed unlawful and reminiscent of some of the most despicable periods in U.S. history, including the mass detention of Japanese Americans during World War II, according to a 4th U.S. Circuit Court of Appeals ruling on Thursday. This marks the ninth federal appeals court to reject the administration's mandatory detention policy, a crucial component of its aggressive deportation efforts.

Two other appeals courts have upheld the policy, resulting in a split that significantly heightens the likelihood of the U.S. Supreme Court reviewing the matter. This also means that immigrants in certain regions are being granted bond hearings, while others, such as those in Texas and Louisiana, face more obstacles in attempting to secure release.

The U.S. Department of Homeland Security expressed confidence in its legal stance on mandatory detention, stating that it has recently sought Supreme Court review of the issue. Under previous administrations, most non-citizens without a criminal record arrested within the U.S. were permitted to seek bond hearings during their immigration proceedings.

Mandatory detention was typically reserved for individuals arrested at the border. In July of last year, immigration officials issued guidance broadening mandatory detention to encompass immigrants residing inside the U.S. President Donald Trump's administration argues that the 1996 immigration law alteration permits this mandatory detention for interior arrests, but previous administrations did not enforce this provision.

The administration asserts that President Trump and Secretary Markwayne Mullin are implementing the law as it was originally intended to ensure national security.

In a 2-1 decision, 4th Circuit Judges Barbara Keenan and Nicole Berner concluded that Congress would have provided clearer guidance in 1996 if it intended to permit the mandatory detention of millions of individuals. Keenan, nominated by President Barack Obama, and Berner, nominated by President Joe Biden, dissented. Judge Allison Rushing, who was nominated by President Donald Trump, wrote the dissenting opinion.

In her majority opinion, Berner stated that the administration's policy would "implicate the constitutional due process rights of millions of non-citizens in our country, many of whom have lived, worked, and become integral parts of their communities for years." She referenced Japanese internment and the mass detention of Chinese immigrants in the late 1800s, emphasizing that the Trump administration's policy was even more extensive than those historically egregious and abhorrent past detentions.