Mandatory Detention Policy Questioned in First Circuit Hearing

May 4, 2026, 5:54 PM UTC

A panel of First Circuit judges heard arguments Monday in a suit over a Trump administration policy that denies detained noncitizens a bond hearing—an issue that’s already split the circuits.

The judges questioned the government about the policy’s reliance on a statute that focuses on individuals who are applicants for admission or seeking admission, and whether that statute is relevant in circumstances where individuals have already been in the country for a number of years.

“I thought the statute defined admission as lawful entry, and if it does, how do you seek lawful entry when you’re already inside the country?” ...

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