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Supreme Court to scrutinize ICE’s mandatory detention policy for immigrants
The Washington Post ^ | October 1, 2026 1:44 p.m. EDT | Julian Mark and David Nakamura

Posted on 10/01/2026 12:17:38 PM PDT by E. Pluribus Unum

Under President Donald Trump, some immigrants have been denied bond hearings and spent months in detention while awaiting removal proceedings.

The Supreme Court on Thursday said it would review the legality of the Trump administration’s novel policy of denying bond hearings to immigrants swept up in its immigration crackdown.

The case is one of the first the high court has accepted since its summer recess ended, and it promises to be among the most consequential of the term that officially begins next week.

Without the opportunity to request a bond hearing, some immigrants arrested by Immigration and Customs Enforcement have spent months in detention facilities while awaiting their removal proceedings.

In the past, immigrants who had been residing inside the United States during their arrest were allowed to request a bond hearing before an immigration judge to contest their detentions by arguing that they are not a public danger or a flight risk. That changed after President Donald Trump took office last year.

Under Trump, ICE officials implemented a policy of detaining immigrants throughout their removal proceedings without the opportunity to post bond and wait out the proceedings outside of a detention facility.

That policy means that tens of thousands of immigrants arrested during Trump’s sweeping crackdown have remained in mandatory detention.

Numerous migrants have fought their detention and have won relief from lower courts. At the same time, a Washington Post examination of such cases found that ICE had violated several dozen court orders directing that the detainees be granted a bond hearing or be set free.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Government
KEYWORDS: illegaltruth

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That policy means that tens of thousands of immigrants arrested during Trump’s sweeping crackdown have remained in mandatory detention.

WaPo still pretening "immigrants" and "illegal aliens" are the same thing.

1 posted on 10/01/2026 12:17:38 PM PDT by E. Pluribus Unum
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To: E. Pluribus Unum

Didn’t they already rule on this?

It’s like the left doesn’t like a ruling...the change the reason and try again.


2 posted on 10/01/2026 12:20:51 PM PDT by for-q-clinton
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To: E. Pluribus Unum
Numerous migrants have fought their detention and have won relief from lower courts. At the same time, a Washington Post examination of such cases found that ICE had violated several dozen court orders directing that the detainees be granted a bond hearing or be set free...

WaPo lays its finger on the scale.
3 posted on 10/01/2026 12:26:46 PM PDT by ComputerGuy
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To: E. Pluribus Unum

As does the entire population that chooses to vote Democrat.


4 posted on 10/01/2026 12:27:44 PM PDT by lastchance (Cognovit Dominus qui sunt eius.)
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To: for-q-clinton

t’is true..
The left won’t give up till they get what they want.

The right? Not so much.


5 posted on 10/01/2026 12:28:32 PM PDT by cableguymn (Can't cancel all of us)
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To: E. Pluribus Unum

They’re foreigners who entered the country illegally. Why do we give them any rights whatsoever?


6 posted on 10/01/2026 12:47:03 PM PDT by ArcadeQuarters (You can't remove RINOs by voting for them!)
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To: E. Pluribus Unum

Keeping CRIMINALS off the streets


7 posted on 10/01/2026 12:47:45 PM PDT by butlerweave (Fateh)
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To: E. Pluribus Unum

Don’t count on ACB for this one.


8 posted on 10/01/2026 12:51:26 PM PDT by Revel
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To: ArcadeQuarters

https://fedlaws.org/does-the-14th-amendment-apply-to-non-citizens-due-process-and-limits/

That damn pesky 14th Amendment that uses the word “person” instead of “citizen” in the due process clause.


9 posted on 10/01/2026 1:00:30 PM PDT by buckalfa (More chaos and disruption please)
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To: E. Pluribus Unum

Meanwhile......

VP JD Vance goes WAR MODE on H1B fraud as President Trump signs executive order TARGETING companies who game the system

“If you’re going to bring in an accountant making $45,000 a year to replace an accountant who is an American making $60,000 a year, that’s NOT you using the program to bring in a genius.”

“That’s you DESTROYING American jobs and defrauding the American people.”

“My view is the H1B program is completely broken.”

Congress should step in and rip apart H1B altogether

ALL it’s done is help put Americans last.

Multiple H1B fraud investigations have now been launched by the Trump admin after Dems let them get away with cheating for years.


10 posted on 10/01/2026 1:11:42 PM PDT by CFW
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To: E. Pluribus Unum

“Without the opportunity to request a bond hearing...”

... and take off for the hinterlands as soon as released. Even if the bond is $5,000, that’s small change for staying in this country for most.


11 posted on 10/01/2026 1:14:57 PM PDT by Not_Who_U_Think (I)
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To: E. Pluribus Unum
That policy means that tens of thousands of immigrants arrested during Trump’s sweeping crackdown have remained in mandatory detention.

Time to get them on a plane and out of this country.

12 posted on 10/01/2026 1:21:29 PM PDT by Alas Babylon! (The greatest power the media has is the power to ignore.)
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To: ArcadeQuarters

“They’re foreigners who entered the country illegally. Why do we give them any rights whatsoever?”
____________________________________________________________

You really need to read about “Natural Rights,” is is the foundation our legal system is built upon.

Every single human being has God given natural rights, regardless of where they are or if those rights are being suppressed.


13 posted on 10/01/2026 1:26:38 PM PDT by Bob Wills is still the king (Wake up and smell the coffee!)
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To: buckalfa

“https://fedlaws.org/does-the-14th-amendment-apply-to-non-citizens-due-process-and-limits/

That damn pesky 14th Amendment that uses the word “person” instead of “citizen” in the due process clause.”
____________________________________________________________

So does the Census Clause in the Constitution.


14 posted on 10/01/2026 1:29:21 PM PDT by Bob Wills is still the king (Wake up and smell the coffee!)
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To: for-q-clinton

“Didn’t they already rule on this?

It’s like the left doesn’t like a ruling...the change the reason and try again.”
___________________________________________________________

They’ve read the Trump books and followed Roy Cohn’s counsel to Trump to “deny, deny, deny, and appeal, appeal, appeal.”


15 posted on 10/01/2026 1:31:03 PM PDT by Bob Wills is still the king (Wake up and smell the coffee!)
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To: Revel

“Don’t count on ACB for this one.”
___________________________________________________________

You’re probably correct. The only Justices who openly oppose due process are Thomas and Alito.


16 posted on 10/01/2026 1:33:10 PM PDT by Bob Wills is still the king (Wake up and smell the coffee!)
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To: E. Pluribus Unum

Where does it say the Feral SCOTUS Twits and Twats have the authority to run immigration? That’s not their job since most Feral judgies and judgettes are foreign “refugees” themselves. They should be forced to recuse themselves. They are not natural born Americans. The authority to push Americans around should not be given to illegal aliens and their 14th Amendment “ANCHOR BABIES”. Those dual citizenship 14th Amendment anchor babies should not be allowed to be clowns in robes in America courts.


17 posted on 10/01/2026 2:00:48 PM PDT by FlingWingFlyer (Since "protesters" are now being paid, protests should be required to have at least 5000 idiots.)
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To: E. Pluribus Unum

This is to give illegal aliens chances to pump out four or five 14th Amendment “Anchor babies” while waiting for their trial. Then they won’t be allowed to be deported because they refuse to take their “Anchor babies” home with them.


18 posted on 10/01/2026 2:04:28 PM PDT by FlingWingFlyer (Since "protesters" are now being paid, protests should be required to have at least 5000 idiots.)
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To: FlingWingFlyer

“Where does it say the Feral SCOTUS Twits and Twats have the authority to run immigration? That’s not their job since most Feral judgies and judgettes are foreign “refugees” themselves. They should be forced to recuse themselves. They are not natural born Americans. The authority to push Americans around should not be given to illegal aliens and their 14th Amendment “ANCHOR BABIES”. Those dual citizenship 14th Amendment anchor babies should not be allowed to be clowns in robes in America courts.”

__________________________________________________________

“Key Constitutional Principles

• Congressional Power: Under Article I, Section 8, Congress holds broad (”plenary”) power to regulate the entry, admission, and exclusion of foreign nationals.

• Citizenship by Birth: The 14th Amendment guarantees that all persons born or naturalized in the United States and subject to its jurisdiction are U.S. citizens (jus soli).

• Due Process Rights: The Fifth and 14th Amendments protect “persons”—not just citizens—ensuring that non-citizens physically present in the U.S. cannot be deprived of life, liberty, or property without due process of law.

• State Restrictions: States have limited authority to pass immigration laws because federal law preempts state regulations, as affirmed by the Supreme Court in cases like Arizona v. United States.”


19 posted on 10/01/2026 2:14:06 PM PDT by Bob Wills is still the king (Wake up and smell the coffee!)
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To: Bob Wills is still the king

Huh? Not sure wtf you’re saying? Are you saying you’re a communist?


20 posted on 10/01/2026 3:32:01 PM PDT by for-q-clinton
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