Policy Bulletin — Friday, May 15, 2026
With hope,
Nicci
Federal
Third Federal Appeals Court Rejects Administration’s Mandatory Detention Policy
The U.S. Court of Appeals for the Sixth Circuit became the third federal appeals court to reject the Trump administration's mandatory detention policy on May 11, ruling 2-1 that immigrants who have lived in the United States for years cannot be detained without bond hearings solely based on their manner of entry. The policy, formalized in a July 2025 U.S. Immigration and Customs Enforcement (ICE) memo, declared that any noncitizen targeted for deportation would be treated as an "applicant for admission" under § 235(b)(2)(A) of the Immigration and Nationality Act (INA), subjecting them to mandatory detention without a bond hearing for the duration of their removal proceedings. The Sixth Circuit joined the Second and Eleventh Circuits in rejecting the policy, while the Fifth and Eighth Circuits have upheld it, and a Seventh Circuit panel deadlocked on May 5.
The deepening circuit split points directly toward Supreme Court review, which the administration has signaled it will seek. The Department of Justice (DOJ) has defended the policy by arguing prior administrations failed to use detention authority Congress explicitly granted in 1996, calling it "inertia" rather than settled interpretation. A Politico analysis found that federal judges have ruled against ICE detention practices in roughly 90 percent of decided cases since the policy took effect, with more than 425 judges ruling against the administration, including many appointed by President Trump, and just about 50 siding with it. ICE has responded by transferring detainees to new states to force new legal proceedings, a practice that courts have begun flagging as an attempt to circumvent rulings.
Record Number of Immigration Cases Closing Through Voluntary Departure as Enforcement Pressure Mounts
Immigration judges issued more than 80,000 voluntary departure orders between January 2025 and March 2026, a more than 600 percent increase from the roughly 11,400 issued during the final 15 months of the Biden administration, according to a report by the Vera Institute of Justice. Monthly figures tell a sharper story: voluntary departures surged from roughly 800 per month at the end of the Biden administration to more than 8,800 by February 2026, and topped 9,000 in March 2026 alone. More than 70 percent of those granted voluntary departure were in immigration detention when they requested to leave, and attorneys argue the numbers reflect coercion rather than genuine choice. "People are taking it because they're trying to get out of detention more quickly, because they don't see any possible avenues for relief for themselves," said Shayna Kessler of the Vera Institute.
A separate dynamic is driving voluntary departures among asylum seekers specifically. Reporters found that more than 75,500 asylum cases received motions to terminate proceedings without a hearing after an October 2025 Board of Immigration Appeals (BIA) ruling required judges to address third-country removal before considering whether someone qualifies for asylum. That ruling forced asylum seekers to argue they feared persecution not only in their home country but also in third countries like Ecuador, Honduras and Uganda to which the U.S. has asylum cooperative agreements. Of those cases, roughly 12,300 people, or about 16 percent, withdrew their claims or agreed to voluntary departure.
Federal Judge Finds ICE Noncompliant with Court Order Limiting Warrantless Arrests in Colorado
A federal judge ruled on May 12 that U.S. Immigration and Customs Enforcement (ICE) "materially violated" a November 2025 preliminary injunction by continuing to make warrantless arrests in Colorado without individualized pre-arrest determinations of flight risk or probable cause. The ruling found that not one of the 36 arrest reports produced under the injunction met the court's documentation standards, and that officers had "uniformly failed" to comply with the order and showed little understanding of its requirements. The case originated from a lawsuit alleging ICE had been indiscriminately arresting Latino individuals during mass enforcement operations to meet agency-wide quotas, regardless of whether there was probable cause.
As a remedy, the court ordered ICE to develop a compliant training program within 14 days and complete training for all agents who conduct warrantless arrests within 45 days, with ongoing compliance monitoring by plaintiffs' attorneys. The ruling adds to the broader pattern of courts finding ICE in violation of constitutional limits on warrantless arrests across the country.
Legal
Third Federal Appeals Court Rejects Administration’s Mandatory Detention Policy
The U.S. Court of Appeals for the Sixth Circuit became the third federal appeals court to reject the Trump administration's mandatory detention policy on May 11, ruling 2-1 that immigrants who have lived in the United States for years cannot be detained without bond hearings solely based on their manner of entry. The policy, formalized in a July 2025 U.S. Immigration and Customs Enforcement (ICE) memo, declared that any noncitizen targeted for deportation would be treated as an "applicant for admission" under § 235(b)(2)(A) of the Immigration and Nationality Act (INA), subjecting them to mandatory detention without a bond hearing for the duration of their removal proceedings. The Sixth Circuit joined the Second and Eleventh Circuits in rejecting the policy, while the Fifth and Eighth Circuits have upheld it, and a Seventh Circuit panel deadlocked on May 5.
The deepening circuit split points directly toward Supreme Court review, which the administration has signaled it will seek. The Department of Justice (DOJ) has defended the policy by arguing prior administrations failed to use detention authority Congress explicitly granted in 1996, calling it "inertia" rather than settled interpretation. A Politico analysis found that federal judges have ruled against ICE detention practices in roughly 90 percent of decided cases since the policy took effect, with more than 425 judges ruling against the administration, including many appointed by President Trump, and just about 50 siding with it. ICE has responded by transferring detainees to new states to force new legal proceedings, a practice that courts have begun flagging as an attempt to circumvent rulings.
Record Number of Immigration Cases Closing Through Voluntary Departure as Enforcement Pressure Mounts
Immigration judges issued more than 80,000 voluntary departure orders between January 2025 and March 2026, a more than 600 percent increase from the roughly 11,400 issued during the final 15 months of the Biden administration, according to a report by the Vera Institute of Justice. Monthly figures tell a sharper story: voluntary departures surged from roughly 800 per month at the end of the Biden administration to more than 8,800 by February 2026, and topped 9,000 in March 2026 alone. More than 70 percent of those granted voluntary departure were in immigration detention when they requested to leave, and attorneys argue the numbers reflect coercion rather than genuine choice. "People are taking it because they're trying to get out of detention more quickly, because they don't see any possible avenues for relief for themselves," said Shayna Kessler of the Vera Institute.
A separate dynamic is driving voluntary departures among asylum seekers specifically. Reporters found that more than 75,500 asylum cases received motions to terminate proceedings without a hearing after an October 2025 Board of Immigration Appeals (BIA) ruling required judges to address third-country removal before considering whether someone qualifies for asylum. That ruling forced asylum seekers to argue they feared persecution not only in their home country but also in third countries like Ecuador, Honduras and Uganda to which the U.S. has asylum cooperative agreements. Of those cases, roughly 12,300 people, or about 16 percent, withdrew their claims or agreed to voluntary departure.
Federal Judge Finds ICE Noncompliant with Court Order Limiting Warrantless Arrests in Colorado
A federal judge ruled on May 12 that U.S. Immigration and Customs Enforcement (ICE) "materially violated" a November 2025 preliminary injunction by continuing to make warrantless arrests in Colorado without individualized pre-arrest determinations of flight risk or probable cause. The ruling found that not one of the 36 arrest reports produced under the injunction met the court's documentation standards, and that officers had "uniformly failed" to comply with the order and showed little understanding of its requirements. The case originated from a lawsuit alleging ICE had been indiscriminately arresting Latino individuals during mass enforcement operations to meet agency-wide quotas, regardless of whether there was probable cause.
As a remedy, the court ordered ICE to develop a compliant training program within 14 days and complete training for all agents who conduct warrantless arrests within 45 days, with ongoing compliance monitoring by plaintiffs' attorneys. The ruling adds to the broader pattern of courts finding ICE in violation of constitutional limits on warrantless arrests across the country.
State and Local
Florida's "Alligator Alcatraz" Immigration Detention Facility to Close by June
Florida's state-run immigration detention facility in the Everglades, known as "Alligator Alcatraz," is closing by June 2026, with vendors formally notified on May 12 and roughly 1,400 detainees set to be transferred to other facilities in the coming weeks. Gov. Ron DeSantis confirmed that federal and state officials had been in discussions about the closure, which is being driven primarily by cost. The facility has accumulated nearly $1 billion in operating expenses since opening in July 2025, running at roughly $1 million per day, and the approaching hurricane season added urgency to the timeline.
The facility, built on a remote airfield on the eastern edge of the Everglades, was opened with fanfare by President Trump and Gov. DeSantis in July 2025. It was designed to hold up to 5,000 detainees in tents. More than 22,000 people passed through the facility during its roughly 10 months of operation, and it drew consistent condemnation from advocates, attorneys and lawmakers over extreme heat, inadequate medical care and severely restricted legal access.
BILLS INTRODUCED AND CONSIDERED
BACK OFF Act
The bill would "bar aliens from admission to the United States to give birth on United States soil or remaining in the United States to undermine the sovereignty of the United States through birth tourism."
Sponsored by Sen. John Cornyn (R-Texas) (1 cosponsor)
05/12/2026 Introduced by Sen. Cornyn
05/12/2026 Read twice and referred to the Senate Committee on the Judiciary
A bill to disqualify aliens from establishing good moral character, maintaining eligibility for asylum, and retaining lawful permanent resident status if they engage in activities in opposition to the United States Constitution, our form of government, or support Sharia law
Sponsored by Sen. John Cornyn (R-Texas) (0 cosponsors)
05/14/2026 Introduced by Sen. Cornyn
05/14/2026 Read twice and referred to the Senate Committee on the Judiciary
A bill to amend the Immigration and Nationality Act to establish a national-interest standard for immigration, end certain family-sponsored immigration categories, revise standards relating to good moral character, eliminate the diversity immigrant category, revise public-charge and sponsor-support rules, revise naturalization requirements, reform employment-based immigration and H-1B visas, eliminate Optional Practical Training absent express statutory authorization, revise asylum procedures, require employment eligibility verification, establish additional penalties relating to unlawful presence and visa overstays, revise parole authority, and for other purposes
Sponsored by Sen. Tommy Tuberville (R-Alabama) (0 cosponsors)
05/14/2026 Introduced by Sen. Tuberville
05/14/2026 Read twice and referred to the Senate Committee on the Judiciary
A bill to amend the Immigration and Nationality Act to strengthen requirements for naturalization, to require instruction on the oath of allegiance and the principles of the Constitution, to establish consequences for fraud and concealment in the naturalization process, and for other purposes
The bill has been described by its sponsor as focused on expanding denaturalization authority and tightening naturalization integrity standards.
Sponsored by Sen. Eric Schmitt (R-Missouri) (0 cosponsors)
05/14/2026 Introduced by Sen. Schmitt
05/14/2026 Read twice and referred to the Senate Committee on the Judiciary
No Illegal Captivity and Extensions Act of 2026 (NICE Act)
The bill would amend the Immigration and Nationality Act to eliminate the use of immigration detainers by federal authorities.
Sponsored by Rep. Maxwell Frost (D-Florida) (3 cosponsors)
05/11/2026 Introduced by Rep. Frost
05/11/2026 Referred to the House Committee on the Judiciary
To require certain aliens to disavow sharia law and take an oath to uphold the Constitution, and for other purposes
Sponsored by Rep. Barry Moore (R-Alabama) (5 cosponsors)
05/12/2026 Introduced by Rep. Moore
05/12/2026 Referred to the House Committee on the Judiciary
To provide supplemental payments to Federal personnel performing immigration enforcement operations, and for other purposes
Sponsored by Rep. W. Gregory Steube (R-Florida) (0 cosponsors)
05/13/2026 Introduced by Rep. Steube
05/13/2026 Referred to the Committees on Ways and Means, and Oversight and Government Reform
To prohibit the Secretary of Housing and Urban Development from authorizing the exchange of information pertaining to the immigration status of any individual
Sponsored by Rep. Daniel Goldman (D-New York) (9 cosponsors)
05/14/2026 Introduced by Rep. Goldman
05/14/2026 Referred to the House Committee on Financial Services
To amend the Immigration and Nationality Act to establish a national-interest standard for immigration, end certain family-sponsored immigration categories, revise standards relating to good moral character, eliminate the diversity immigrant category, revise public-charge and sponsor-support rules, revise naturalization requirements, reform employment-based immigration and H-1B visas, eliminate Optional Practical Training absent express statutory authorization, revise asylum procedures, require employment eligibility verification, establish additional penalties relating to unlawful presence and visa overstays, revise parole authority, and for other purposes
This House bill is a companion to S. 4546 and mirrors its broad restructuring of immigration admissions, enforcement, and benefits standards.
Sponsored by Rep. Andrew Ogles (R-Tennessee) (8 cosponsors)
05/14/2026 Introduced by Rep. Ogles
05/14/2026 Referred to the Committees on the Judiciary and Education and Workforce
LEGISLATIVE FLOOR CALENDAR
The U.S. Senate is scheduled to be in session from Monday, May 18, through Thursday, May 21. The U.S. House is scheduled to be in session from Monday, May 11, through Friday, May 22.
SPOTLIGHT ON NATIONAL IMMIGRATION FORUM RESOURCES
The Forum is constantly publishing new policy-focused resources that engage with some of the most topical issues around immigration today. Here are a few that are particularly relevant this week:
*As of publication (5/15/26 at 12:45 PM EST)
This Bulletin is not intended to be comprehensive. Please contact Nicci Mattey, Senior Policy & Advocacy Associate at the Forum, with questions, comments, and suggestions for additional items to be included. Nicci can be reached at [email protected]. Thank you.
