The Trump administration reversed decades of immigration policy last summer when it determined that Immigration and Customs Enforcement (ICE) must lock up everyone facing deportation, even if they’ve lived in the country for decades and have no criminal record.
But on Tuesday, a federal court in Nevada ruled against the policy, saying it violates federal law and causes “irreparable harm” to those who are arrested. The decision, issued by U.S. District Judge Richard Boulware II, is the first time a class-action lawsuit in Nevada has overturned a Department of Homeland Security policy, and it could affect hundreds of people, allowing upward of 60 people per week to seek release in Nevada.
The American Civil Liberties Union (ACLU) of Nevada, one of the petitioners in the case, said it could allow potentially thousands of immigration detainees to seek release on bail and applies to qualifying immigrants throughout the state.
The ruling signals a massive success for immigration advocates in Nevada, who have been pushing back against increasing local government collaboration with ICE. Since President Donald Trump has stepped back into office, immigration arrests have skyrocketed in Nevada, and most of those arrested have not had a violent criminal past. The state is also home to one of the most over-capacity detention centers in the country.
“The decision is enormously consequential,” Athar Haseebullah, the executive director of the American Civil Liberties Union of Nevada, said in an interview with The Nevada Independent. “If this decision holds, people will have the opportunity to be back with their families.”
The Trump administration has touted the policy — known as “mandatory detention” — as key to its mass deportation campaign. The rule doesn’t just subject more people to detention while they fight deportation but bars them from asking an immigration judge to consider releasing them on bond. More than 100 judges nationwide have ruled against it, deeming it a violation of due process rights as it prevents people from contesting their detention.
Officials from the Department of Homeland Security did not immediately return a request for comment on whether they plan on appealing the decision. The ruling is already having an impact. Michael Kagan, the director of the UNLV Immigration Clinic, which represents clients facing deportation, said he has already seen bonds being granted this week that would have otherwise been denied.



















