The Fourth Circuit Court of Appeals has struck down U.S. Immigration and Customs Enforcement (ICE)’s detention policy requiring migrants to be held without bond, comparing it directly to the internment of Japanese Americans during World War II. This decision marks the ninth consecutive federal appeals court ruling against ICE on this specific practice.
In a 2-1 opinion authored by Judge Nicole Berner, a Biden appointee, and joined by Barack Obama appointee Judge Barbara Keenan, the court condemned the policy as “mass detention of marginalized individuals without due process 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 mandatory detention approach, which has been consistently challenged by federal judges. This decision could significantly reshape immigration enforcement procedures nationwide.
The contested policy was implemented by ICE in July 2025, expanding mandatory detention requirements to migrants residing in the U.S. for years while their claims were processed through court systems. Under this change, individuals were barred from being released into public life during legal proceedings. The shift prompted over 460 federal judges—primarily liberal ones—to file legal challenges against ICE, compared to a little over 50 supporters.
The policy derives from the 1996 immigration reform law, which was initially interpreted to require detention of recent border crossers only. However, the Trump administration’s reinterpretation has been widely contested in federal courts by pro-migrant advocates.
