ACLU Comment on Supreme Court Agreeing to Hear Challenge Over Trump Mandatory Detention Policy
WASHINGTON — The Supreme Court today agreed to hear argument this term in Rhoney v. Barbosa da Cunha, stemming from a lawsuit brought by the American Civil Liberties Union, New York Civil Liberties Union, and the Law Office of Paul Dwyer PC challenging the Trump administration’s new policy subjecting millions of immigrants to mandatory detention without access to bond hearings.
In July 2025, the Trump administration suddenly adopted a new radical misinterpretation of immigration law, declaring that anyone who entered without inspection must be detained without access to bond or due process regardless of how long that person has lived in the country or their ties to family and community.
Hundreds of federal district judges have ruled on thousands of related habeas petitions, with nine out of 10 judges ruling that the administration’s misinterpretation of immigration law is illegal. Nine federal appeals courts have also ruled against the policy, including a Second Circuit ruling at the center of this case.
The following is reaction to the Supreme Court’s decision to hear the case:
“The courts have repeatedly and resoundingly rejected the Trump administration’s radical misinterpretation of the law. Try as it might, the government cannot twist the law to detain immigrants for months or even years on end without a bond hearing. Not only is it cruel and inhumane; it is unlawful. We look forward to making that case to the Supreme Court,” said Michael K.T. Tan, deputy director of the ACLU’s Immigrants’ Rights Project.
“The Trump administration’s policy of detaining immigrants without any process is both inhumane and unlawful,” said Amy Belsher, director of Immigrants’ Rights Litigation at the New York Civil Liberties Union. “Despite their best efforts, the government cannot rewrite the law to detain millions of noncitizens, many of whom have lived here for decades, without an opportunity to seek release. The Immigration and Nationality Act, and fundamental fairness, require the government to, at a minimum, allow people to make a case for their release. We look forward to making that clear to the Supreme Court."
“Mr. Barbosa da Cunha has been living in the U.S. for the last 22 years. He is a hard-working, small-business owner, with a U.S. citizen family and no criminal history. He has never missed an immigration appointment or hearing. Detaining him without the possibility of release on bond serves no purpose other than to punish him for being an immigrant, and has been solidly rejected by every court to have considered his case. We are confident that the Supreme Court will agree," said attorney Paul Dwyer of the Law Office of Paul Dwyer PC.
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WASHINGTON — Immigrants’ rights advocates filed a federal lawsuit today challenging President Trump’s new executive order targeting birthright citizenship. The case was brought by the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, ACLU of the District of Columbia, Legal Defense Fund, Asian Law Caucus, and Democracy Defenders Fund on behalf of people subjected to the new executive order. The groups already secured a major Supreme Court victory in June in Trump v. Barbara protecting babies who would have been denied citizenship under Trump’s first failed executive order concerning birthright citizenship. In its ruling, the Supreme Court confirmed that the Constitution’s Citizenship Clause puts “the question of citizenship ‘once and forever [to] rest.’” Despite that, the administration is again trying to restrict birthright citizenship, prompting today’s legal action. The groups had initially sought to block the new executive order in the existing Barbara case. After the judge in that case indicated that he viewed this challenge as a new lawsuit, the groups withdrew their requests in Barbara and filed this new lawsuit. The lawsuit, Nathan v. Trump, was filed in federal district court in Washington, D.C. The following is comment from co-counsel: “The Constitution is clear, and the Supreme Court has been clear: Birthright citizenship is the law of the land,” said Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project and lead counsel. “The Trump administration’s newest attack on this fundamental American principle is just as cruel and illegal as its previous executive order, and it will meet the same fate in court.” “This administration does not get to redefine citizenship whenever it’s displeased that it didn't get its way,” said Brittany Carter, assistant counsel at the Legal Defense Fund. “The Constitution and Supreme Court precedent protect the right to citizenship that all children born here possess. We will continue to defend that right from any attempt this administration makes to overstep its authority and reshape who it calls American.” “The Trump administration can keep repackaging the same attack, but it cannot rewrite the Constitution,” said Aarti Kohli, executive director at Asian Law Caucus. “The Supreme Court has already affirmed that birthright citizenship is protected by the Constitution, yet this administration continues searching for new ways around that decision instead of addressing the real challenges facing families across the country. No matter how many times President Trump tries to revive this effort, the principle remains the same: citizenship is determined by the Constitution, not by executive order.” “We are demanding accountability for Trump’s dangerous policies, once again” said Tianna Mays, legal director at Democracy Defenders Fund. “The federal government cannot unlawfully strip the rights of babies born in the United States and ignore the Constitution in order to achieve its political goals. We will be relentless in our fight — every unlawful act and order from this administration will be met with a legal challenge.” “Birthright citizenship is the law of the land — as it has been for more than 150 years and as the U.S. Supreme Court affirmed once again just a few months ago. Cruel attacks on this core constitutional right must not be allowed to stand,” said SangYeob Kim, director of the ACLU of New Hampshire. “The president may keep signing unlawful executive orders, but the Supreme Court was clear when it ruled that neither the president nor Congress can end birthright citizenship,” said ACLU of Maine Legal Director Carol Garvan. “We’ll continue defending the Constitution and fighting for the fundamental citizenship rights of all babies born on U.S. soil.” “Despite a clear ruling from the U.S. Supreme Court, the Trump administration is still trying to deprive babies born in the United States of their constitutional rights,” said Carol Rose, executive director at the ACLU of Massachusetts. “We will stay in court for as long as it takes to stop this lawless assault on a core tenet of American democracy. President Trump cannot rewrite the Constitution. Birthright citizenship is here to stay.” “Once again, the courts must remind President Trump that he cannot ignore constitutional rights he does not like or deny rights to people he does not like,” said Scott Michelman, legal director of the ACLU of the District of Columbia. “The Supreme Court just confirmed that citizenship is the birthright of every child born in the United States. The president’s crusade of cruelty against our nation’s youngest citizens must end.” The complaint is here: /cases/nathan-v-trump?document=COMPLAINT -
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