Trump Administration Petitions Supreme Court to Uphold No-Bond Detention for Long-Term Unlawful Entrants Amid Circuit Split

The U.S. Department of Justice has petitioned the Supreme Court in Raycraft v. Lopez-Campos (docketed June 24, 2026) to affirm its policy of mandatory detention without bond hearings under INA Section 1225(b)(2)(A) for noncitizens who entered the U.S. illegally years earlier and were later apprehended in the interior. Solicitor General D. John Sauer argues the provision applies to all "applicants for admission"—a category that includes those present without admission or parole—regardless of time in the country, reversing prior administrative interpretations.

This marks a significant enforcement shift under the second Trump administration, expanding beyond border arrivals to target interior removals and ending "catch-and-release" practices. District courts in Michigan granted habeas relief to petitioners, finding Section 1226(a) governs post-entry detention and permits bond. The Sixth Circuit affirmed in Lopez-Campos v. Raycraft (May 2026), joining the Second and Eleventh Circuits in rejecting the policy, while others have upheld it, creating uneven nationwide application.

Legal experts note the policy diverges from prior administrations, including Trump's first term. Challenges cite due process concerns and statutory text distinguishing "seeking admission" from long-term residents. The petition highlights enforcement gaps and capacity issues, with implications for millions in removal proceedings. Mainstream coverage has focused on litigation volume, but deeper analysis reveals unaddressed questions of federal detention authority under IIRIRA amendments and potential Supreme Court resolution of the circuit split.

Related BIA decisions and ICE guidance have reinforced the no-bond approach in some districts, amplifying the stakes for due process and detention capacity.