ACLU Fights Trump-era Immigration Detention Policy in Court

U.S. Court of Appeals to Examine Immigrant Detention Policy

On March 18, the U.S. Court of Appeals for the 6th Circuit is set to hear pivotal arguments concerning a controversial immigration detention policy established under the Trump administration. This policy mandates the detention of numerous immigrants during the pendency of their immigration proceedings, raising significant concerns about due process rights.

In a significant shift last year, the Trump administration altered immigration detention procedures, removing the long-standing ability for many immigrants to secure release on bond. Instead, individuals are now required to remain in custody until their cases are adjudicated or they face deportation, impacting even those without any criminal charges or asylum applicants.

The American Civil Liberties Union (ACLU) has strongly opposed this policy, asserting that it undermines the fundamental due process rights of immigrants by depriving them of the opportunity for bond hearings. The ACLU has filed a lawsuit on behalf of 11 immigrants affected by this policy, with a significant number of the plaintiffs residing in Michigan, where they have established communities over the years. Most of these individuals have faced challenges due to their immigration status.

One poignant example is Jose Contreras-Cervantes, who emigrated to the U.S. at the age of 14. He found himself detained in August 2025 while receiving cancer treatment, but was granted release by a judge in late October. His experience underscores the personal difficulties many individuals face under this detention policy.

Miriam Aukerman, a senior attorney with the ACLU, expressed her strong opposition to the policy, stating, “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.” Her remarks highlight widespread concerns regarding the legality and humanitarian implications of the policy.

Notably, several federal judges in Michigan and other jurisdictions have ruled against the policy, citing violations of due process rights. However, the Trump administration has contested these rulings, arguing that maintaining detention of immigrants until their legal matters are resolved is essential for national security and immigration enforcement.

The outcome of this legal dispute is closely watched, as both supporters and opponents of the policy believe it may eventually reach the U.S. Supreme Court. This emphasizes the national importance and contentious nature of immigration policy in the United States.