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1 1 (June 9, 2026)

handle is hein.crs/goveuni0001 and id is 1 raw text is: Mandatory Detention During Removal Proceedings: Circuit Split June 9, 2026 The Department of Homeland Security (DHS) may arrest and detain aliens for immigration status violations that render them removable. While the agency generally has discretion to release aliens from custody during the pendency of their removal proceedings, some categories of aliens must be detained. Under 8 U.S.C. § 1225(b)(2)(A), ifan immigration officer determines that an individual is an applicant for admission who is seeking admission into the United States and is not clearly and beyond a doubt entitled to be admitted, the alien shall be detained during the removal proceedings. Federal statute expressly states that aliens who are either arriving in the United States or present in the country without lawful admission shall be treated as applicants for admission, but federal law does not define seeking admission. In 2025, it was reported that the Trump Administration issued interim guidance determining that unlawfully present aliens found in the United States-including some who may have been present in the country for several years-are subject to mandatory detention under § 1225(b)(2)(A). This interpretation has resulted in numerous legal challenges by aliens present in the United States without having been admitted, who have been detained and, as a result of the interim guidance, are no longer eligible for a custody determination or release during their removal proceedings before an immigration judge. They argue that they are not subject to mandatory detention under § 1225(b)(2)(A) because they were not actively seeking admission into the United States. In the ensuing litigation, there has been a growing circuit split in the federal courts of appeals over whether § 1225(b)(2)(A) applies strictly to aliens actively seeking legal admission at the border or whether it also covers aliens present anywhere in the United States who have not been lawfully admitted. Statutory Background The current statutory framework governing the detention of aliens placed in removal proceedings was established by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). Generally, under 8 U.S.C. § 1226(a), DHS has the discretion to detain an alien pending the outcome of removal proceedings or it may release the alien on bond or the alien's own recognizance subject to specified conditions (conditional parole). In this circumstance, ifthe agency determines that the alien Congressional Research Service https://crsreports.congress.gov LSB11438 CRS Legal Sidebar Prepared for Members and Committees of Congress