A federal appeals court is set to hear arguments in a case challenging the Trump administration’s policy requiring many immigrants to remain detained while their immigration cases move forward.
The case will be argued before the U.S. Court of Appeals for the 6th Circuit on Wednesday, March 18.
Lawyers with the American Civil Liberties Union argue the policy violates immigrants’ due process rights by denying them the opportunity for a bond hearing.
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Last summer, the Trump administration shifted to mandatory detention for many immigrants, ending a decades-long practice that allowed people to be released on bond while their immigration cases played out. Under the new approach, immigrants can be held in detention until their cases are resolved or they are deported, even if they have no criminal record or have pending asylum claims.
The lawsuit was filed on behalf of 11 immigrants detained under the policy. Most of them live in Michigan, many for years.
The lead plaintiff, Jose Contreras-Cervantes, came to the U.S. when he was 14, according to the ACLU. The father of three young children was being treated for cancer when he was detained in August, 2025. A judge ordered his release in late Oct.
A senior attorney with the ACLU, Miriam Aukerman, said the policy unlawfully keeps people in custody without giving them the chance to argue for release.
“I think that is blatantly illegal and it’s gonna result in the needless detention of probably millions of people. It is a huge abuse of federal power," Aukerman said.
Federal judges in Michigan and elsewhere have ruled that the policy violates due process rights, but the administration is appealing those decisions.
Attorneys for the federal government argue immigrants should remain detained until their cases are resolved or they are removed from the country.
Advocates on both sides say the dispute is likely to reach the U.S. Supreme Court.
