Federal Court Compares ICE Detention to Horrors of Japanese Internment
A court has ruled against ICE’s mandatory detention policy.

A federal appeals court on Thursday compared ICE’s detainment policies to that of the historical “stain” of Japanese internment during WWII, while rejecting the agency’s effort to detain people without bond.
A 2-1 majority on the Fourth Circuit Court of Appeals cited the 1892 Geary Act, which punished Chinese workers with hard labor if they did not carry their papers on them at all times.
“Fifty years later, with racial animus masquerading as national interest, the government ordered the mass detention of all individuals of Japanese descent present in the United States during World War II. Nearly 120,000 people were sent to internment camps within our borders,” wrote Judge Nicole Berner.
“The stain of these detentions on our nation—and the judiciary’s abdication of its obligation to protect basic freedoms—continues to haunt us,” she wrote. “Those shameful and abhorrent past detentions were limited in scope in comparison to the mandatory detention that the Government urges us today to find that Congress established thirty years ago in an ambiguously worded statutory provision. We decline to do so.”
The Trump administration has insisted upon arresting and detaining undocumented immigrants, even those who have been in the country for decades—a break from every single administration that preceded it, including Trump’s first one. Mandatory detention was previously only used for those who had just crossed the southern border.
This policy shift triggered nearly 20,000 lawsuits against the Trump administration, with 450 judges ruling against it, many of whom Trump himself appointed. ICE has instead begun classifying longtime undocumented residents as admission seekers. The Fourth Circuit Court rejected this as well, the ninth consecutive time ICE’s policy has been struck down by an appeals court.



