The U.S. Supreme Court agreed October 1, 2026 to hear Rhoney v. Barbosa da Cunha, a challenge to the Trump administration's policy of holding tens of thousands of immigrants without bond hearings during removal proceedings.

The dispute centers on a policy that places every immigrant in the United States illegally — including long-term residents — into automatic detention without bond. Two federal appeals courts have upheld the rule. Nine others have struck it down and ordered bond hearings for affected detainees.

What does the ruling change for immigrants?

A Supreme Court decision will resolve a nationwide split among the circuits and shape the rights of immigrants facing removal. Hundreds of federal district judges have already rejected the policy. Thousands of habeas petitions challenging indefinite detention have flooded federal courts.

ICE detained more than 46,000 people for removal in July 2026, up from 43,000 in June. Many had no criminal record and only faced civil immigration violations, according to ICE enforcement data.

Who is the plaintiff?

The case is built around Ricardo Aparecido Barbosa da Cunha, a Brazilian citizen who entered the U.S. illegally more than 20 years ago. Court filings state he has never been convicted of a crime. He applied for asylum in 2016 and received a valid work permit.

In 2025, ICE officers took him into custody during a traffic stop in Massachusetts. DHS then opened removal proceedings. An immigration judge denied his bond request, citing a provision of federal immigration law on mandatory detention.

A federal judge in New York ordered the government to hold a bond hearing within 10 days. He was released on bond in late October 2025.

The 2nd Circuit Court of Appeals rejected the mandatory detention policy in April 2026. The court called it "the broadest mass-detention-without-bond mandate in our nation's history for millions of noncitizens."

The panel warned the policy would "send a seismic shock through our immigration detention system and society, straining our already overcrowded detention infrastructure, incarcerating millions, separating families, and disrupting communities." The Justice Department asked the Supreme Court to review that ruling in July 2026.

What did the ACLU say?

The ACLU filed the lawsuit last year. Michael K.T. Tan, deputy director of the ACLU's Immigrants' Rights Project, said: "The courts have repeatedly and resoundingly rejected the Trump administration's radical misinterpretation of the law. Try as it might, the government cannot twist the law to detain immigrants for months or even years on end without a bond hearing. Not only is it cruel and inhumane; it is unlawful."

How did ICE's detention rules change?

Before the current policy, ICE generally limited mandatory detention to immigrants with certain criminal convictions or recent illegal entries. The agency broadened the rule last year, removing bond eligibility for any detainee at risk of deportation who was in the U.S. illegally. Parole remains available for humanitarian or public-interest reasons.

What happens next?

The Supreme Court will hear arguments in its new term, beginning October 5, 2026. A ruling will affect thousands of pending challenges and set a national standard for bond eligibility during removal proceedings.