Some immigrants face indefinite detention, likely leading to Supreme Court case

By: Tim Henderson

Outlets: Stateline

Published: May 12, 2026

Words: 1,250

Last Updated: 2 months ago

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As appeals courts split on the constitutionality of mandatory detention for millions of immigrants, the U.S. Supreme Court is likely to decide the matter.

A Trump administration policy threatening imprisonment without bond has been struck down by three appeals courts, which could soon be joined by a fourth, but upheld by two others. The conflicting orders mean the Supreme Court must straighten out the situation as immigrants now could face different fates in different states.

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