Eighth Circuit Upholds Trump DHS Nationwide NoāBond Detention Policy, Expands āApplicant for Admissionā Definition in Herrera Avila Case
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In a 2ā1 March 26, 2026 decision, the Eighth Circuit upheld the Trump administrationās nationwide policy allowing DHS to detain certain noncitizens without bond, ruling that an āapplicant for admissionā is an alien āseeking admissionā and therefore falls within mandatoryādetention statutes ā overturning a Minnesota district judgeās order granting a bond hearing to Joaquin Herrera Avila, a longtime Minnesota resident arrested in August 2025 for lacking legal documents. Judge Ralph Ericksonās dissent warned the majorityās ānovel interpretationā sweeps in āmillions of othersā and narrows habeas protections; the ruling, the second appealsācourt decision after the Fifth Circuit to sustain the noābond policy, drew celebratory comment from Attorney General Pam Bondi even as some district courts have reached contrary conclusions.