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Trump Admin's Mass Detention Rule Sparks Nationwide Circuit Split

5/7/2026

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Story summary
  • The administration’s new reading of a 30-year-old immigration law could detain millions of long-time residents without bond, creating a nationwide circuit split.
  • President Donald Trump’s administration is enforcing mandatory detention of unauthorized entrants while appellate courts review the policy.
  • Most district judges, including many Trump appointees, have ruled the policy unconstitutional.
  • The Second Circuit called the rule the broadest mass-detention-without-bond mandate in history and warned it would separate families.