Politico Buries the Lede in Analysis of ‘Trump’s Mandatory Detention Policy’
Barring illegal entrants from bond didn’t start with Trump, and won’t end in the district courts
By Andrew R. Arthur on January 7, 2026
AJanuary 5 Politico article is headlined “Hundreds of judges reject Trump’s mandatory detention policy, with no end in sight”. It’s unclear whether it’s reporting or opinion, but in any event, the D.C. tipsheet “buries the lede” — i.e., hides the important parts “within other distracting information” — in highlighting the “308 judges” who “have ruled against the administration’s mass detention policy — ordering release or bond hearings in more than 1,600 cases”. Those are district court judges, whose individual opinions have little to no precedential value, but you must read down 13 paragraphs to get to the key point: “the numbers are likely to continue surging until federal appeals courts — or perhaps the Supreme Court — settle the matter conclusively”.
“Trump’s Mandatory Detention Policy”
Describing it as “Trump’s Mandatory Detention Policy” is a bit of a misnomer when discussing a statutory interpretation change that I have analyzed at least twice in the recent past, so here’s some background Politico summarizes rather tersely.
Under section 235(a)(1) of the Immigration and Nationality Act (INA), any alien “present in the United States who has not been admitted or who arrives in the United States (whether or not at a designated port ...)” is deemed an “applicant for admission”.
https://cis.org/Arthur/Politico-Buries-Lede-Analysis-Trumps-Mandatory-Detention-Policy
