Supreme Court accepts Trump immigration case

The U.S. Supreme Court accepted Rhoney v. Barbosa da Cunha, a case challenging the Trump administration's interpretation of federal immigration law.

Trump's detention policy under review

The justices will consider whether the administration's rule detaining any immigrant without permission is lawful under the 1952 Immigration and Nationality Act.

Policy shifts immigration detention standards

In July 2025, ICE began detaining all immigrants with removal orders regardless of when they crossed the border or established lives in the U.S.

Detention impact on immigrants

As of July 2026, roughly 65,000 people are in federal detention centers, with 70 percent having no criminal convictions.

Courts reject detention policy

Lower court judges have rejected the Trump administration's legal strategy, with over 20,000 immigration cases filed and U.S. District Court Judge Lewis Kaplan calling the policy unconstitutional.

Judge Kaplan's criticism

Judge Kaplan stated that immigration law is a subject committed to Congress, and the executive branch must only 'take Care that the Laws, enacted by Congress, be faithfully executed.'

“The subject of immigration, including who lawfully can come into or remain in the United States, from where, for what reasons, in what numbers, and by what legal processes, is a subject committed by the Constitution to the Congress.”

Trump administration's legal strategy

The administration chose not to change the law but instead applied a novel interpretation of the Immigration and Nationality Act to avoid congressional action.

Detention consequences

ICE has caused violent raids, family separations, and deaths in detention centers, with at least 27 deaths reported in ICE custody as of September 2026.

Current legal challenges

The Department of Homeland Security began excluding immigrants with removal orders from the online detainee locator in September 2026, making it hard for them to contact family or lawyers.