The U.S. government’s mandatory detention policy faces a potential review by the Supreme Court of the United States (SCOTUS). This is mainly due to the split opinion of appeals courts on the issue. So far, three appeals courts struck down the policy while two upheld it.
Implemented in a July 2025 memo, the new policy threatens undocumented immigrants with detainment without bond. This new policy applies to all undocumented individuals, regardless of how long ago they’ve applied for asylum. This policy is major part of the government’s removal efforts.
Because of policies like these, asylum seekers are increasingly choosing to depart the U.S. voluntarily. Due to the mixed court rulings, mandatory detention’s blocked in some states while permitted in others. The Supreme Court decided on multiple contested immigration enforcement issues in the past. For example, they declared lower courts had no power in blocking federal policy in June 2025 ruling. Currently, the court’s reviewing the government’s proposed changes to birthright citizenship and scope of asylum processing. According to Stateline, here’s currently no official hearing date.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.