The Supreme Court of the United States has decided to review whether the Trump administration can enforce its policy of denying bail to immigrants, to determine whether they should remain in detention while their cases are resolved. The case will be part of the Supreme Court's schedule for the 2026/27 term, focusing on Ricardo Aparecido Barbosa da Cunha, a Brazilian national.
Several judges in the appellate courts ruled that the policy violates federal law and does not provide due process to immigrants. The Fifth and Eighth Circuits ruled that immigrants accused of entering and remaining in the United States illegally must be held in detention while their cases are pending.
According to the administration, Barbosa da Cunha entered the United States illegally two decades ago, and in 2016 he was granted work authorisation. He requested a bail hearing after an immigration judge determined that his detention was mandatory following his arrest in September 2025. After Barbosa da Cunha filed a lawsuit, a federal judge ordered that he be granted a bail hearing or released. The judge determined that Barbosa da Cunha did not pose a risk of flight nor a danger to persons or property, and ordered his release on bail. The administration appealed the decision.
The number of people in immigration detention in July 2026 exceeded 65,000, compared to approximately 40,000 at the end of the Biden administration.
In an interview with Time, Donald Trump did not rule out the possibility of deploying federal immigration agents to polling stations during the upcoming midterms. When asked about this, Trump said: 'I haven't thought about it,' adding that he 'could' use the Insurrection Act to declare a state of emergency. 'Many people think I should use it occasionally,' Trump added.
Legal experts say that the act, which would allow the president to deploy the military domestically, does not override the Constitution, which prevents the military from intervening in elections or appearing at polling stations. In September, Homeland Security Secretary Markwayne Mullin stated that ICE officers could be deployed to polling stations across the country 'to address specific threats.' Mullin said: 'The only reason we would be at polling stations is if there is a threat to that polling station, or if we are executing a warrant for someone we are actively pursuing.' He added: 'ICE's job is immigration, enforcing customs laws. That is their job... if we are executing a warrant, we will be where we need to be.'
The White House has, once again, blocked CNN from following Donald Trump as part of the rotating press pool. CNN was to have been part of a group of media outlets travelling with the president to Texas and Oklahoma, but was removed from the list of approved outlets for the trip, according to the White House schedule.
