WIN: Second Federal Appeals Court Rules ICE Is Required to Detain Most Deportees

Politico's Kyle Cheney is probably pretty sad inside to report that the Trump administration is celebrating another victory in an appeals court.

BREAKING: A 2-1 victory for the Trump administration on ICE's mass detention policy at the 8th Circuit Court of appeals (think Minnesota).

While district court judges have overwhelmingly rejected the policy, ICE is 2-0 at the circuit. https://t.co/pOq82zvsSA
— Kyle Cheney (@kyledcheney) March 25, 2026

NEW: The Trump administration is celebrating its second straight appeals court win on ICE's mass detention policy.

But its impact — like the 5th Circuit's — may be limited if district judges rule for detainees on due process grounds.
w/ @joshgerstein https://t.co/RIT81FSuOw
— Kyle Cheney (@kyledcheney) March 25, 2026

Politico reports:

A second federal appeals court has blessed the Trump administration’s policy of locking up the vast majority of people it is seeking to deport without a chance for bond — even if they have no criminal records and have resided in the country for decades.
A panel of Republican appointees on the 8th Circuit Court of Appeals ruled 2-1 Wednesday that the administration had properly determined that federal law doesn’t only allow — but requires — ICE to detain the vast majority of people it is seeking to deport. That includes millions of immigrants who have long been treated as eligible for bond hearings.
The ruling carries particularly acute implications for Minnesota, where federal district judges are bound to follow it. Hundreds of people detained during the recent ICE crackdown in the Twin Cities have filed petitions for release from custody by challenging the administration’s interpretation of the law, and nearly every district judge in the state had sided with the petitioners.

Well, that's why we have federal appeals courts.

Don't cry, Kyle. You and Josh can give the illegal alien criminals a hug on their way out.🤡
— KvO (@Kandi8907) March 25, 2026

Translation: Inferior court hacks will keep making up bullshit rulings doing anything they can to stop the will of the American people.
— Wisco_Knight Returns (@Wisco__Knight) March 25, 2026

🚨🚨🚨 Turns out DHS CAN detain an illegal alien without bond under the law (8 USC, Sec. 1225(b)(2)(A)). This could be a game changer. My favorite part of the dissent is the first line: "Except for a single DUI, for nearly 20 years, Avila had been living a law-abiding life in… https://t.co/PyASaJgm7d
— Cully Stimson (@cullystimson) March 25, 2026

"… the United States.' But …"

As the majority opinion points out, Avila "illegally entered the United States without inspection or admission in 2006 and again in 2016." To drive home the point that entering the country without permission is a crime, they point to 8 U.S.C. Sec. 1325(a). And...
— Cully Stimson (@cullystimson) March 25, 2026

In August 2025, DHS "encountered Avila during a traffic stop, during which he admitted that he had entered the country illegally and lacked documents authorizing his admission." So...
— Cully Stimson (@cullystimson) March 25, 2026

Why did the dissent not mention that Avila broke the law when he entered this country - twice? And how can a jurist write something that he/she knows is factually incorrect in a published opinion? Avila did NOT live a "law-abiding life" but for the DUI. That said...
— Cully Stimson (@cullystimson) March 25, 2026

Erickson was appointed to the 8th Circuit by Trump, and in his dissent he forcefully argues that the majority " engages in a novel interpretation of 'alien seeking admission' that eluded the courts and five previous presidential administrations." It's only a matter of time...
— Cully Stimson (@cullystimson) March 25, 2026

Before this issue gets resolved by SCOTUS.
— Cully Stimson (@cullystimson) March 25, 2026

Another activist district court gets overturned.

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Editor’s Note: We voted for mass deportations, not mass amnesty. Help us continue to fight back against those trying to go against the will of the American people.

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