If ICE arrests someone you love, one of the first questions is whether they can get out on bond while their immigration case goes on. For most of the last 30 years, people arrested inside the U.S., away from the border, could usually ask an immigration judge for a bond hearing. In 2025 the Trump administration changed that. It began treating people who entered without inspection as subject to mandatory detention, meaning no bond hearing at all.
On October 1, 2026, the U.S. Supreme Court agreed to decide whether that policy is legal. The case is called Rhoney v. Barbosa da Cunha. Here is what it means for families in Chicago and Illinois right now.
What the Supreme Court will decide
The question is about two parts of a 1996 immigration law. One part (Section 1226(a)) lets the government release people on a bond of at least $1,500 or on conditions while their deportation case moves forward. The other part (Section 1225(b)(2)(A)) says certain people "shall be detained." For decades, every administration used the mandatory part only for people stopped at the border or at ports of entry. The administration now says it also covers anyone in the country who was never lawfully admitted, no matter how many years they have lived here.
The man in the case is a Brazilian citizen who, according to the government, entered the U.S. around 2004 or 2005. He applied for asylum in 2016 and was arrested by ICE in September 2025. His lawyers say he has never been charged with or convicted of a crime. An immigration judge said his detention was mandatory and refused him a bond hearing. A federal court granted his habeas petition, and in April 2026 the Second Circuit Court of Appeals agreed that he was eligible for a bond hearing.
According to SCOTUSblog, the Court is expected to hear arguments early next year. Decisions in argued cases usually come by the end of June. The ACLU, which represents the man, told the Court that "millions of noncitizens could be affected."
The rule in Illinois today
Until the Supreme Court rules, the answer depends on where a person is held. Appeals courts are split:
- Illinois, Indiana and Wisconsin (Seventh Circuit): On July 30, 2026, in Cirrus Rojas v. Olson, the Seventh Circuit Court of Appeals ruled that a man who had lived in the U.S. since 2018 was not subject to mandatory detention and was eligible for a bond hearing. Federal courts in these three states must follow that ruling.
- The Second, Sixth, Tenth and Eleventh Circuits have ruled the same way.
- The Fifth Circuit (Texas, Louisiana and Mississippi) and the Eighth Circuit have sided with the government. There, people who entered without inspection can be held without a bond hearing.
Federal judges across the country have issued more than 9,300 rulings against the mandatory detention policy, according to a Politico analysis cited by SCOTUSblog and ABC7 Chicago. In Chicago, ABC7 reported on parents who were released after weeks in ICE custody because they challenged their detention in court.
A bond hearing is not the same as release
Even where bond hearings are allowed, release is not automatic. The Seventh Circuit explained that the person must show an immigration judge that they are not a danger to the community and not a flight risk. The government can also appeal a judge's bond order. A former Chicago immigration judge told ABC7 that the no-bond policy pushed some people to give up asylum or other claims just to get out of detention faster. Talk to a lawyer before you agree to leave the country.
What families can do now
- Find out where your loved one is held. Use the ICE Online Detainee Locator with their A-number (the number starting with "A" on immigration papers) or full name, plus their country of birth. Write down the facility name. It matters which state they are in.
- Call for legal help right away. If someone is held in Illinois without a bond hearing, a lawyer may be able to ask an immigration judge for a hearing or file a habeas corpus petition, a case asking a federal judge to review the detention. People in ICE custody can be transferred quickly, including to states where courts follow the stricter rule. Do not wait.
- Start gathering proof for a bond hearing. Useful papers can include proof of address and how long the person has lived here, letters from family, employers, teachers or clergy, proof of a job, U.S.-citizen children's birth certificates, any pending applications such as asylum, and court records showing no criminal history or that any case was resolved.
- Do not sign papers you do not understand. A person in custody can ask to speak with a lawyer before signing anything, including papers agreeing to leave the country.
- Make a family plan now. Our family safety plan page explains how to prepare, and our free legal help in Chicago page lists nonprofit legal providers.
For help, call the ICIRR Family Support Hotline at 855-435-7693 or the National Immigrant Justice Center (NIJC) at 312-660-1370.
This article is general information, not legal advice. Court rulings can change quickly, and every case is different. We will update this page when the Supreme Court hears or decides the case.