A unanimous three-judge panel of the Second Circuit Court of Appeals struck down the Trump administration’s policy of mandatory detention without bond for most immigrants facing deportation, ruling April 28 that the government’s interpretation of a 1996 immigration statute was contrary to the law’s text and longstanding practice. The court called the policy the “broadest mass-detention-without-bond mandate in our Nation’s history for millions of noncitizens.”
Writing for the panel, U.S. Circuit Judge Joseph Bianco — a Trump appointee — held that the administration had misread the Illegal Immigration Reform and Immigrant Responsibility Act by classifying long-settled U.S. residents as “applicants for admission” subject to mandatory detention. Bianco warned that applying the law this way “would send a seismic shock through our immigration detention system and society,” straining already overcrowded facilities, separating families, and disrupting communities.
The case arose from the detention of Ricardo Aparecido Barbosa da Cunha, a Brazilian national who entered the United States around 2005, applied for asylum in 2016, was granted work authorization, owns a home in Massachusetts with his wife and two U.S. citizen children, and runs a small construction business. He was arrested on an administrative warrant in September 2025 and held without bond. The ACLU and New York Civil Liberties Union represented him. “The government cannot mandatorily detain millions of noncitizens, many of whom have lived here for decades, without an opportunity to seek release,” NYCLU director of immigrants’ rights litigation Amy Belsher said.
The ruling applies to Connecticut, New York, and Vermont. It creates a direct circuit split with the Fifth and Eighth Circuits, which have upheld the administration’s policy. The Department of Homeland Security said the administration is enforcing the law “as it was actually written to keep America safe” and expressed confidence the Supreme Court would side with the government. An estimated 70,000 people are currently held in ICE detention nationwide.
Sources: Al Jazeera, CBS News, Second Circuit opinion via Associated Press, NYCLU statement.
—
YOAST SEO FIELDS
Focus Keyword: Second Circuit immigration detention ruling
Meta Description: A unanimous Second Circuit panel struck down Trump’s mandatory immigration detention policy April 28, calling it the broadest no-bond mandate in U.S. history. (156 characters)
Slug:
—
Support Independent Local Journalism — High Country Advocate was created as a real alternative to regional media that too often silences dissenting voices while taking sides in the political struggle. Producing in-depth, unflinching reporting like this series and others is expensive: servers, editing, research time, and legal review all add up quickly. If these articles have informed you or given you new perspective, please consider supporting HCA with a paid subscription — every subscriber helps keep this reporting strong and independent. 