The 11th U.S. Circuit Court of Appeals rejected the Trump administration's policy of detaining immigrants without bond hearings in a 2-1 decision issued Wednesday. Senior Circuit Judge Stanley Marcus, a Bill Clinton appointee, wrote the majority opinion, joined by Circuit Judge Robin Rosenbaum, a Barack Obama appointee. Trump appointee Circuit Judge Barbara Lagoa dissented.

The ruling came in a case involving two Mexican nationals who had lived in the U.S. without authorization since 2015 and 2019, respectively. They were arrested during traffic stops in Florida last September and placed into deportation proceedings. The court held that federal immigration law does not grant the executive branch "unfettered authority to detain, without the possibility of bond, every unadmitted alien present in the country." Marcus wrote that Congress has preserved a longstanding distinction between those at the border and those living in the interior of the country.

The policy, implemented by the Department of Homeland Security last July, treats nearly all noncitizens in deportation proceedings as recent arrivals ineligible for bond. Previously, most without criminal records could seek release on bond if deemed not a flight risk. The administration interprets a 1996 immigration law to justify mandatory detention nationwide as part of its mass deportation efforts.

This marks the second federal appeals court to strike down the policy. The 2nd Circuit in New York ruled unanimously against it in late April, citing serious constitutional concerns over mass detention without hearings. However, the conservative 5th and 8th Circuits have upheld it in February and March, respectively. A 7th Circuit panel split three ways earlier this week. The deepening divide among circuits increases the likelihood of U.S. Supreme Court review.

In her dissent, Lagoa argued that unlawfully present aliens qualify as applicants for admission under the law and criticized the majority for reading an exception into the statute. She noted that non-enforcement by prior administrations expanded the undocumented population, but it does not alter the law's meaning.

A DHS spokesperson said the agency "strongly disagrees" and remains confident, pointing to supportive rulings from the Board of Immigration Appeals, the 5th and 8th Circuits, and Lagoa's dissent. "President Trump and Secretary Mullin are now enforcing the law as it was actually written to keep America safe," the statement read.

The decision affects thousands facing detention amid the administration's crackdown, which has sparked over 30,000 habeas corpus challenges in federal courts. Immigration judges previously granted bond in many non-criminal cases, but the policy aimed to streamline removals by eliminating those hearings.