Immigration Enforcement — 2026-03-25
Eighth Circuit Upholds Trump Administration Detention Without Bond for Unlawful Entrants
The Eighth Circuit ruled 2-1 that immigrants who entered the US without inspection can be detained indefinitely without bond hearings, the second federal appellate court to endorse the administration position after the Fifth Circuit earlier this year. The ruling could affect more than 1,000 detention cases in Minnesota alone. Judge Bobby Shepherd (Bush appointee) wrote the majority, joined by Trump-appointed Judge Grasz. Hundreds of district court judges have ruled the opposite way, setting up a likely Supreme Court review.
Analysis
With the Fifth and Eighth Circuits now aligned and hundreds of district courts ruling the opposite way, a Supreme Court grant of certiorari is near-certain. The case will likely reach the Court during its October 2026 term, setting a major precedent on executive detention authority that extends well beyond immigration.
With the Fifth and Eighth Circuits now aligned and hundreds of district courts ruling the opposite way, a Supreme Court grant of certiorari is near-certain. The case will likely reach the Court during its October 2026 term, setting a major precedent on executive detention authority that extends well beyond immigration.