A critical case for immigrants in the United States
The U.S. Supreme Court will decide whether some immigrants who were detained during the deportation process by ICE and entered the country without official entry procedures can request a bail hearing. The court's decision could affect the detention process for thousands of people.
The U.S. Supreme Court has decided to review the Trump administration's policy of holding immigrants in custody without a bail hearing until their deportation cases are resolved.
The case of Rhoney v. Barbosa da Cunha specifically covers the situation of individuals who enter the United States without going through official entry procedures and are later detained by ICE within the country.
The Trump administration and federal courts are at odds.
A provision of the federal immigration law allows individuals in the deportation process to be released on bail under certain conditions, while another clause requires that those seeking admission to the country who have not been officially accepted be held in custody.
The Trump administration argues that the second clause can also apply to individuals who have lived in the United States for a long time but arrive without officially entering the country. Some federal appellate courts, however, have rejected this interpretation, ruling that those individuals must be able to request bail before an immigration judge.
The case is important for resolving the disagreement among federal appellate courts.
The scope of the decision is limited
The case examines the situation of Brazilian citizen Ricardo Aparecido Barbosa da Cunha. According to the government's filing, Barbosa da Cunha entered the United States without official entry procedures in 2004 or 2005, applied for asylum in 2016, and obtained a work permit. Living in Massachusetts with his wife and U.S. citizen children, Barbosa da Cunha was detained during a traffic stop in September 2025.
The Supreme Court's review does not mean the removal of a general bail right for all immigrants in the United States. Green Card holders, H‑1B workers admitted to the country with a valid visa, or F‑1 students are not directly the subject of this case.
The court's ruling is expected to determine whether individuals who entered the country without official entry and were detained by ICE can request a bail hearing while their removal proceedings are ongoing.
The court accepted the case on October 1, but a hearing date has not yet been set. The hearing is expected to take place in early 2027.
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