6th Circuit hears bond‑authority fight
A three‑judge panel of the Sixth Circuit is deciding whether immigration judges in Ohio, Kentucky, Michigan and Tennessee can grant bonds to detained immigrants — a ruling that would reshape release strategy across the Midwest. The case could materially change detention‑release tactics for removal defense in four states. (wvxu.org)
Oral argument in Cincinnati took place March 18, 2026, with ACLU senior staff attorney My Khanh Ngo and Department of Justice senior counsel Benjamin Hayes presenting to a three‑judge Sixth Circuit panel. (wyso.org) Judge Eric Murphy asked whether parole can be granted to immigrants unlawfully present in the U.S., a line of questioning Murphy said bolstered the government’s position. (wyso.org) Senior Judge R. Guy Cole Jr. warned that the government’s classification of undocumented people as “seeking admission” could require detaining “millions,” and Murphy noted the practical problem of insufficient bed space while DOJ counsel said Congress would need to fund any mass incarceration. (wyso.org) WVXU reported about 3,801 immigrants were in detention across the circuit as of February 2026, and local immigration lawyers have filed habeas petitions at an unprecedented rate to seek temporary bond releases. (wyso.org) The Sixth Circuit argument arrives against the backdrop of Maldonado Bautista v. Santacruz, where the U.S. District Court for the Central District of California certified a nationwide class on Nov. 25, 2025, and issued follow‑up orders in December 2025. (nwirp.org) On Feb. 18–19, 2026, Judge Sunshine S. Sykes vacated the Board of Immigration Appeals’ Matter of Yajure Hurtado in related litigation, and AILA issued a practice alert urging members to submit that vacatur in bond requests while the Acacia Center has begun collecting data on immigration judge bond rulings. (aila.org) The Sixth Circuit posts oral‑argument calendars and maintains audio files of completed arguments on its website, enabling practitioners to review the March hearing once the panel’s audio or transcript is posted. (ca6.uscourts.gov)
