Federal Appeals Court Rejects ICE’s Policy of Mandatory Detention Without Bond, Orders Bond Hearing for Longtime U.S. Resident

DENVER — The Tenth Circuit Court of Appeals rejected a Trump administration policy on Tuesday, June 30, that mandated the detention of Rigoberto Santillan-Quiroz, a longtime U.S. resident, without bond. The court ordered a bond hearing for Santillan-Quiroz, who, after eight months of detention, will finally have an opportunity to demonstrate that there is no justification for his continued detention. The Tenth Circuit’s ruling joins three appeals courts and decisions from over 450 district court judges across the country. Judges have mandated that the Trump administration release many of these immigrants from detention, routinely finding that their categorical detention without a bond hearing is unlawful.

“Every person has rights protected by the Constitution, no matter the color of our skin, the languages we speak, or our immigration status,” said Travis Handler, ACLU of Oklahoma legal fellow. “With this order, the court unanimously found that all people residing within the Tenth Circuit who are detained by ICE are entitled to a bond hearing and, absent special circumstances, are eligible for release on bond. This is a huge step toward ending the mass deportation machine. We will continue to hold this administration accountable and fight for the safety of our communities.”

Santillan-Quiroz has lived in the U.S. for about twenty years, is married to a legal permanent resident, and has a U.S. citizen stepdaughter. He was detained in November 2025 after a traffic stop and held without bond per the Trump administration’s new policy, despite not being a flight risk nor a danger to public safety. Santillan-Quiroz filed a habeas petition seeking his release. A magistrate judge recommended a bond hearing and his release, but an Oklahoma district court ultimately denied his habeas petition. Santillan-Quiroz, with the American Civil Liberties Union’s Immigrants’ Rights Project, ACLU of Oklahoma, ACLU of Colorado, and immigration attorney Kelli Stump appealed the district court’s decision in January 2026.

"This is a huge victory for thousands of people currently being held without access to bond in immigration detention centers across Colorado, Oklahoma, Kansas, New Mexico, Utah, and Wyoming. These individuals are now entitled to have the bond hearings that should result in release for many after months of being wrongfully held by ICE,” said Tim Macdonald, ACLU of Colorado legal director. “This ruling from the Tenth Circuit sends a message that the Trump administration cannot unilaterally change the law and create unlawful policies that violate the rights of immigrants in our country and deny them fundamental fairness and due process.”

In July 2025, the Trump administration issued new guidance that denies bond to people in detention while their immigration cases proceed in court, impacting millions of people in the country. This new guidance defies longstanding Department of Homeland Security (DHS) practices, federal law, and fundamental due process protections. It also exacerbates longstanding problems with immigration detention, including overcrowding, medical neglect, inadequate nutrition, and more.

“The courts have once again correctly rejected the government’s attempt at rewriting our immigration laws to categorically deny immigrants like Mr. Santillan-Quiroz their right to basic review of their detention,” said My Khanh Ngo, senior staff attorney with the ACLU’s Immigrants’ Rights Project, who argued the appeal. “This order checks that executive overreach and we are thrilled that our client will finally have the chance to be reunited with his family.”

"Immigration detention is intended to ensure appearance at proceedings — not to impose punishment before a case is decided," said Kelli Stump, Santillan-Quiroz' initial habeas attorney and co-immigration counsel. "The Tenth Circuit's decision recognizes that liberty cannot depend on a blanket policy. Every person deserves an individualized determination based on the law and the facts, and that is exactly what Congress required."