detention

In a 3-0 ruling, court says Trump administration misread a decades-old immigration law to justify mandatory detention.

A United States federal appeals court has rejected the Trump administration’s practice of subjecting most people arrested in its immigration crackdown to mandatory detention without the opportunity to seek release on bond.

In a 3-0 ruling on Tuesday, a panel of the New York-based US Court of Appeals for the Second Circuit said the administration relied on a novel but incorrect interpretation of a decades-old immigration law to justify the policy.

Writing for the panel, US Circuit Judge Joseph F Bianco, a Trump appointee, warned that the government’s reading “would send a seismic shock through our immigration detention system and society”, straining already overcrowded facilities, separating families and disrupting communities.

Lawyers for the Trump administration say the mandatory detention policy is legal under the Illegal Immigration Reform and Immigrant Responsibility Act, passed in 1996.

But Bianco said the government had made “an attempt to muddy” the law’s “textually clear waters”, arguing that the administration’s interpretation “defies the statute’s context, structure, history, and purpose” and contradicts “longstanding executive branch practice”.

Under the Trump administration policy, the Department of Homeland Security last year took the position that non-citizens already living in the US, not just those arriving at the border, qualify as “applicants for admission” and are subject to mandatory detention.

Under federal immigration law, “applicants for admission” to the US are detained while their cases proceed in immigration courts and are ineligible for bond hearings.

The Department of Homeland Security has been denying bond hearings to immigrants arrested across the country, including those who have been living in the US for years without any criminal history, the Associated Press (AP) news agency reports.

That is a departure from the practice under previous US administrations, when most non-citizens with no criminal record who were arrested away from the border were given the opportunity to request a bond while their cases moved through immigration court, according to AP.

In such cases, bonds were often granted to people who were deemed not to be flight risks, and mandatory detention was limited to those who had just entered the country.

Amy Belsher, director of immigrants rights’ litigation at the New York Civil Liberties Union, said the appeals court ruling affirmed “that the Trump administration’s policy of detaining immigrants without any process is unlawful and cannot stand”.

“The government cannot mandatorily detain millions of noncitizens, many of whom have lived here for decades, without an opportunity to seek release. It defies the Constitution, the Immigration and Nationality Act, and basic human decency,” Belsher said in a statement.

Conflicting rulings set stage for Supreme Court review

The New York court’s decision comes after two other appeals courts ruled in favour of the Trump administration’s policy.

Acknowledging the opposing rulings, Judge Bianco said the panel was parting ways with them and instead aligning with more than 370 lower-court judges nationwide who have rejected the administration’s position as a misreading of the law.

The split among the courts increases the likelihood that the US Supreme Court will weigh in.

The latest ruling also upheld an order by a New York judge that led to the release of Brazilian national Ricardo Aparecido Barbosa da Cunha, who was arrested by immigration officials last year while driving to work after living in the US for more than 20 years.

“The court was right to conclude the Trump administration can’t just ⁠reinterpret the law at its own whim,” Michael Tan, a lawyer for Barbosa at the American Civil Liberties Union, said in a statement.

The Department of Justice, which is defending the mandatory detention policy in court, did not respond to a request for comment.

Lawyers say El Gamal family detained by Trump administration hours after returning home from 10-month detention.

A United States federal court has blocked the administration of United States President Donald Trump from deporting a woman and her five children following their release from immigration detention.

Hayam El Gamal and her five children, ranging in age from five to 18 years old, had been held for 10 months prior to their release earlier this week following a judge’s order. They had been held in detention for the longest of any known family during Trump’s second term in office,

But just days after returning to their home in Colorado, immigration authorities again detained the family on Saturday and sought to swiftly deport them, according to their lawyer.

“The Trump administration has kidnapped the El Gamal family in violation of a federal court order from the Western District of Texas, which ordered them Thursday not to detain or remove the family from the United States,” a statement from the family lawyers, shared by lawyer Eric Lee, said.

“The attempt to remove the El Gamal family is in violation of a federal court order and must be halted immediately,” it adds.

Lee said shortly after that US District Judge Fred Biery, who ordered the family’s initial release on Thursday, had granted an emergency order on Saturday barring their removal.

The Department of Homeland Security did not immediately respond to Al Jazeera’s request for comment.

The Trump administration has at times flouted court orders barring it from deporting people from the US, pushing a hardline approach that critics say has defied legal constraints.

That has come amid a wider campaign to restrict immigration, legal and illegal, particularly from non-Western countries.

Hayam El Gamal and her children were detained by the Trump administration after her former husband, Mohamed Sabry Soliman, attacked a group of people in Boulder, Colorado, as they gathered in support of Israeli captives held by the Palestinian armed group Hamas in June 2025.

An 82-year-old woman later died from injuries sustained during the incident.

Soliman’s family condemned the attack and denied any knowledge that it was going to take place, with NBC News reporting that El Gamal divorced her husband soon after his arrest.

An FBI agent also testified under oath that there was no evidence that the family, who have not been charged with any crimes, was aware of the father’s plan.

Their nearly yearlong detention by the Trump administration has been described by the family’s lawyers and several lawmakers as an illegal and cruel effort to punish the family for an act they did not commit.

Following Soliman’s arrest, the White House, in a post on X, said it would seek to immediately expel the family, whose lawyers have said are in the process of applying for asylum after coming to the US on tourist visas from Egypt.

“Six One-Way Tickets for Mohamed’s Wife and Five Kids. Final Boarding Call Coming Soon,” the White House post said.

The family has experienced deteriorating health and been denied proper medical care while in detention, according to their lawyers. Earlier in April, El Gamal was hospitalised due to a medical emergency related to an untreated growth on her chest, they said.

Immigration rights groups have noted that it is typically illegal to detain children for extended periods of time.

In a statement earlier this week, US Senator Dick Durbin, a Democrat, said the Trump administration’s motives would be clear if they sought to re-detain the family despite the judge’s order to release them.

“If, despite the judge’s recommendation, the Department of Homeland Security still objects to the release of an innocent woman and her five children, we know exactly why that is the case,” Durbin said.

“It is not because they present any danger to the community or a flight risk. It is because they are immigrants – Arab Muslim immigrants at that.”

NEW ORLEANS — The French government is pressing the U.S. Department of Homeland Security to release the 86-year-old French widow of a military veteran from immigration custody after she was detained this month.

U.S. Immigration and Customs Enforcement agents detained Marie-Therese Ross in Alabama on April 1 after she overstayed her 90-day visa, according to Homeland Security. Ross is now held at a federal immigration detention facility in Louisiana.

She is among the thousands of people targeted by the Trump administration’s mass deportation agenda that has led to the detentions of the spouses of U.S. troops and military veterans who previously received greater leniency under scrapped policies.

Rodolphe Sambou, the consul general of France in New Orleans, told the AP that the French government has “fully mobilized” to push for her release. He said he has visited her in detention twice so far.

“Given her age, we really want her to get out of this situation as soon as possible,” Sambou said. “We want to get her out of jail.”

Sambou said that he has been communicating frequently with Ross’ family and French officials in Washington, Atlanta and Paris to try and coordinate Ross’ release and ensure she has access to sufficient food and healthcare. He said the French government has also contacted Homeland Security.

He declined to comment on her legal status or other details of her case.

Ross married Alabama resident William Ross last April, Calhoun County marriage records show. Ross died in January, according to an obituary from his family, which says he was a former captain in the U.S. Army.

A lawyer who is representing Ross in a separate legal matter did not immediately respond to a request for comment. Ross’ family did not respond to requests for comment.

Brook writes for the Associated Press. AP writer Samuel Petrequin in France contributed to this report.