Judicial Insight

Everyday Law · Court of Appeals for the Second Circuit

Sep 25, 2026 · 25-3141 · Rehearing

An immigrant gestures to a government official near a chain-link fence in a park.AI illustration

Should unadmitted immigrants be treated like new arrivals?

An immigrant argues for his right to a bond hearing after detention.

TL;DR

  1. 1The government says unadmitted immigrants in the U.S. should be detained without a bond hearing.
  2. 2Immigration advocates argue these immigrants shouldn't be treated like they're at the border.
  3. 3The court must decide if these laws apply to people already living in the U.S. without permission.

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Should unadmitted immigrants be treated like new arrivals seeking entry?

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