The circuit splitting continues. Sixth Circuit (2-1): Non-citizens in the country who were never lawfully admitted to the country are not subject to mandatory detention without bond pending their removal proceedings. The law “ensures that noncitizens like Petitioners should have a forum to explain that their backgrounds and connections to their communities justify release on bond while they undergo their removal proceedings.”
So far, the Fifth and Eighth circuits sided with the administration, which has pushed a policy that noncitizens who’ve lived in the country for years must be detained pending deportation without the opportunity to argue for a bond in immigration court, while the Second and Eleventh circuits rejected that view.
The cases are Lopez-Campos v. Raycraft, No. 25-1965 (6th Cir., May 11, 2026).
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