Hundreds of Immigrants Could Be Released Following New Legal Ruling

The U.S. Court of Appeals for the Third Circuit determined on August 28, 2026 that certain immigrants who entered the country without inspection and have been residing there for years cannot be automatically detained without access to a bail hearing.

The ruling, issued in the case Buele Morocho v. Warden Philadelphia FDC, was championed by the American Civil Liberties Union, known as ACLU. It was also supported by its affiliates in Pennsylvania and New Jersey, and the law firm Palladino, Isbell & Casazza, LLC. The decision does not guarantee immediate release, but requires an immigration judge to individually evaluate each case before keeping someone detained.

What Changes for Immigrants Detained by ICE Following the Ruling?

The decision was issued on August 28 in the case Buele Morocho v. Warden Philadelphia FDC. The ruling does not establish that all people covered by the measure must immediately regain their freedom. What changes is the procedure: immigrants detained by ICE will be able to request that an immigration judge review their circumstances. Thus, the judge will determine whether they should be allowed to continue their proceedings outside of a detention center.

For decades, people undergoing deportation proceedings had, in certain circumstances, the ability to request a bail hearing. However, on July 8, 2025, the Trump administration adopted a new interpretation of immigration laws. It argued that those who had entered without inspection must remain detained without that possibility.

Who Was Affected by the Mandatory Detention Policy?

The application of that interpretation also affected people who had been living in the United States for several years. Among them were immigrants with pending immigration proceedings. It even included individuals who could have pathways to obtain legal residency, but whose files remained delayed by administrative processes.

With the Third Circuit’s ruling, those immigrants regain the right to request a judicial evaluation of their situation. The judge must analyze each file and establish whether there is a risk to public safety. Thus, the judge must also determine whether there is a flight risk that justifies maintaining detention.

How Many Immigrants Could Benefit from the New Ruling?

According to immigration analyst Kathia Quirós, as explained to Telemundo, the elimination of automatic detention «does not mean they will give bail or that they will be released.» However, the person will have the right to ask a judge to evaluate their situation and decide whether they can be released on bail. «This is very good news,» the specialist added.