The attempt to expand the mass detention of immigrants by Immigration and Customs Enforcement (ICE) received a new setback in the immigration courts. A unanimous panel of the Tenth Circuit Court of Appeals, based in Denver, rejected the interpretation promoted by Donald Trump's administration, considering that the policy is based on an erroneous reading of the immigration law in force for three decades.

With this decision, there are now four federal appeals courts that have ruled against the government's strategy, while two have ruled in favor. The growing division between circuits increases the possibility that the case will end up being decided by the Supreme Court.

The dispute over mandatory immigration detention

The center of the litigation is ICE's reinterpretation of a 30-year-old law. Traditionally, the law allowed mandatory detention without bail of people who had just entered the country and requested admission.

However, almost a year ago the agency began applying that provision to virtually any immigrant it considered deportable, even if they had been living in the United States for years. This eliminated, in many cases, the possibility of requesting a bail hearing.

Judge Richard Federico, author of the resolution and appointed by former President Joe Biden, maintained that the controversy affects thousands of people and made it clear that only the highest court will be able to resolve the conflict.

“Many more legal battles over this policy are currently being fought in courts across the country…Ultimately, only one court, the Supreme Court, can resolve this matter once and for all,” Federico wrote.

More lawsuits and pressure on the courts

The Tenth Circuit's decision is consistent with similar rulings issued by the Second, Sixth, and Eleventh Circuit courts of appeals. In contrast, the Fifth and Eighth Circuits backed the government's position, while five other courts are still considering related cases.

According to information published by Law Dork, more than 460 federal judges have rejected this policy in around 9,500 cases, compared to 54 judges who supported it in nearly a thousand files.

Last week, the Justice Department formally asked the Supreme Court to intervene to resolve the legal dispute. The decision adopted by the highest court could redefine the scope of immigration policy, the powers of ICE and the access of thousands of immigrants to bond hearings during their deportation proceedings.