The U.S. Supreme Court agreed in June 2026 to hear the Trump administration's appeal involving prolonged detention of certain immigrants with criminal convictions and pending deportation proceedings.
Section 1226(c) of the Immigration and Nationality Act requires detention without bond for noncitizens with certain criminal convictions while removal proceedings are pending.
In its 2018 Jennings v. Rodriguez decision, the Supreme Court ruled 5-3 that the immigration statute does not require periodic bond hearings, but sent constitutional questions back to lower courts.
Supporters of mandatory detention argue it prevents flight risk and re-offense; critics argue indefinite detention without a bond hearing raises due process concerns under the Fifth Amendment.
Immigration and Customs Enforcement reported an average daily detained population of roughly 37,000 in fiscal year 2024, with average stays varying from weeks to more than a year for contested cases.