The Trump administration asked the Supreme Court on Friday to bar judges from releasing illegal migrants until the deportation process is completed.
In a filing, Solicitor General John Sauer called for the Supreme Court to clarify if illegal aliens “may be subject to mandatory ICE detention while their deportation proceedings play out,” according to Politico. The filing comes after the 6th Circuit Court of Appeals, in May, rejected the Trump administration’s policy from July 2025 regarding illegal aliens being detained.
“Especially given the volume of cases involved, this Court should grant review and resolve this case as swiftly as practicable,” Sauer said in the filing, according to the outlet.
The request from the Trump administration comes as “judges have delivered more than 9,300 rulings against the administration’s unprecedented policy,” according to the outlet:
The Justice Department is asking the justices to sign off on a policy that has been overwhelmingly rejected by federal district court judges across the country, who have described it as a draconian violation of the law and constitutional due process rights. Judges have delivered more than 9,300 rulings against the administration’s unprecedented policy, which targets people who have resided in the U.S. for years and requires them to be detained without the opportunity for a bond hearing while their deportation proceedings are underway.
Despite the lopsided result in district courts, Sauer described an “untenable divide” at the appeals court level. Five appellate circuits have ruled on the issue, breaking 3-2 against the administration. A divide among appeals courts typically makes the Supreme Court more likely to intervene.
Acting Director of U.S. Immigration and Customs Enforcement (ICE) Todd M. Lyons, issued a memo on July 8, 2025, that illegal aliens were “no longer eligible for a bond hearing,” the Washington Post reported at the time. This decision came after the Department of Homeland Security and Department of Justice “revisited its legal position on detention and release authorities.”
Breitbart News reported in April that three judges in the United States Court of Appeals for the Second Circuit issued rulings that illegal aliens in detention centers in New York should be released.
A previous report from the Washington Post also shared that “judges issued more than 80,000 voluntary departure orders from January 2025 through March of this year.”
