Saturday, October 3, 2026

Supreme Court to hear issue of indefinite detention of immigrants

The Supreme Court agreed to review the Trump administration’s policy of indefinitely detaining immigrants who crossed the border illegally years ago, signaling the court plans to weigh in on major pieces of President Trump’s aggressive deportation agenda as it begins its new term on Monday.

The policy is a departure from past practice, when such migrants were generally allowed an opportunity to seek release after a hearing before a judge.

The justices previously announced that they would fast-track a separate case testing the administration's policy of deporting immigrants to countries where they have no ties, including nations that have faced allegations of human rights abuses.

Between the two cases, the justices will consider the legality of some of the most controversial aspects of the Trump administration’s efforts to rapidly expel millions of migrants living in the United States.

The justices also added two other cases to the docket of issues they will hear and decide by next June.

One is a Kentucky case about whether a federal religious discrimination law protects a group of Catholic priests who want to build a shrine to the Virgin Mary over neighbors’ objections. The other is a divorce dispute over military benefits originating in North Dakota.

The immigration case the court accepted on Thursday involved noncitizens who entered the United States illegally but had been living in the country for years. For decades, such people could be released on bond pending additional court proceedings, so long as they were not found to be a threat to public safety or a flight risk.

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