Judge Nicole Berner compared holding interior arrests without bond hearings to the WWII internment of nearly 120,000 Japanese Americans, deepening a 9-2 split likely headed for Supreme Court review.
- ICE's July 2025 change treats long-term residents as applicants for admission under INA 235(b), denying bond hearings owed under Section 236.
- Only the 5th and 8th Circuits have upheld the policy, leaving a 9-2 split.