Sixth Circuit Pushes DOJ Lawyer on Required Immigrant Detention

March 18, 2026, 3:56 PM UTC

Two Democratic-appointed Sixth Circuit judges pressed a Justice Department attorney Wednesday on the implications of detaining without bond immigrants suspected of entering the US illegally who have lived here for years.

“Millions of people” could be held without a chance to argue for release if President Donald Trump’s administration wins on its interpretation of the federal law at issue, Senior Judge R. Guy Cole Jr. said. “It just seems like that’s going to be a massive undertaking,” he continued.

Justice Department attorney Benjamin Hayes said that Congress wrote the law the way it did, and that meaning doesn’t change if ...

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