The Trump administration's policy of holding immigrants without a chance for release on bond is illegal and “harkens back to some of the darkest moments in our country's history," including the mass detention of Japanese Americans during World War II, a divided federal appeals court ruled Thursday.
The 4th U.S. Circuit Court of Appeals became the ninth federal appeals court to reject the administration's mandatory detention policy — a key part of its mass deportation campaign. Two other appeals courts have upheld it, creating a split that greatly increases the odds that the U.S. Supreme Court will take up the issue.
The split also means immigrants in some parts of the country are getting bond hearings while those in other places, including Texas and Louisiana, face additional hurdles to seek release.
The U.S. Department of Homeland Security said in a statement it was “confident in its legal position regarding mandatory detention," noting it had recently asked the Supreme Court to take up the issue.
Under previous administrations, most noncitizens without a criminal record who were arrested inside the U.S. were allowed to seek a bond hearing while their immigration cases were pending. Mandatory detention was generally reserved for people arrested at the border.
Last July, immigration officials issued guidance expanding mandatory detention to immigrants in the U.S. interior. President Donald Trump's administration has argued that Congress changed immigration law in 1996 to allow mandatory detention beyond the border, but previous administrations didn’t enforce that provision.
“President Trump and Secretary Mullin are now enforcing the law as it was actually written to keep America safe,” Homeland Security said, referring to DHS Secretary Markwayne Mullin.
The 4th Circuit and most other federal appeals courts have rejected that interpretation.
“The government’s track record speaks for itself at this point,” said Michael K.T. Tan, deputy director of the ACLU's Immigrants’ Rights Project and lead attorney on the lawsuit before the 4th Circuit.
In a 2-1 decision, 4th Circuit Judges Barbara Keenan and Nicole Berner said Congress in 1996 would have provided greater clarity if it intended to allow the mandatory detention of millions of people. Keenan was nominated by President Barack Obama; Berner by President Joe Biden. Judge Allison Rushing, who was nominated by President Donald Trump, dissented.
Writing for the majority, Berner said the administration's policy would “implicate the constitutional due process rights of millions of noncitizens in our country, many of whom have lived, worked, and become integral parts of their communities, for years.”
“Mass detention of marginalized individuals without due process harkens back to some of the darkest moments in our country’s history,” she wrote.
She cited Japanese internment and the mass detention of Chinese immigrants in the late 1800s and said the Trump administration's policy was even more expansive than “those shameful and abhorrent past detentions.”
FILE - A group of undocumented migrants is deported by U.S. Immigration and Customs Enforcement agents across the McAllen–Hidalgo–Reynosa International Bridge in McAllen, Texas, March 13, 2026. (AP Photo/Felix Marquez, File)
NEW YORK (AP) — Anthony Volpe's first night back in the majors was one to remember.
Suddenly a fan favorite in New York again, Volpe smacked a grand slam and drove in a career-high five runs during his rousing return from Triple-A as the Yankees beat the Colorado Rockies 10-3 on Thursday.
The much-maligned Volpe is getting another chance with the Yankees — this time at a new position — and he's off to a terrific start. With the Bronx crowd chanting his name on several occasions, Volpe had three hits and a stolen base in his first big league game since Aug. 1.
“I wanted to be back up here. I wanted to contribute," Volpe said. "But when you’re down there, there’s obviously no guarantees. So you work really hard for yourself and for the player that you feel like can help the organization. But other than that, there’s nothing guaranteed. You can’t control it. So, I never thought I was going to be back here in this moment, but I want to be ready and prepared in case something happens.”
Something did happen.
Volpe was recalled from the minors Thursday when second baseman Jazz Chisholm Jr. went on the 10-day injured list, retroactive to Wednesday, with a sprained right thumb.
“Unexpected whirlwind, but it feels good to be back," Volpe said.
The 25-year-old Volpe, who lost his shortstop job in New York to 21-year-old rookie George Lombard Jr. last month, made his first big league start at second base and looked rejuvenated.
Batting ninth, he received an enthusiastic ovation from the Yankee Stadium crowd of 40,706 his first time up and laced an RBI single in the second inning before stealing third base. Volpe reached on a hard-hit infield single in the sixth and lined his second big league homer this season over the short porch in right field to make it 10-2 in the seventh.
He finished 3 for 4 and saw 21 pitches at the plate — 15 during his first two at-bats.
“Good to see the crowd right away behind him,” Yankees manager Aaron Boone said.
After rounding the bases in the seventh, Volpe came out of the dugout for a curtain call to salute fans who were chanting his name again.
“Probably a little bit of blackout," Volpe said. “It will be definitely something I’ll remember for a long time. ... I didn’t really know what was happening.”
New York didn't have a grand slam all season until Lombard connected in 6-1 win Wednesday night. It's the first time in franchise history players 25 or younger hit grand slams in consecutive games, according to the Elias Sports Bureau.
The only other regular-season slam for Volpe came in May 2023 against the Athletics. He also had one in the 2024 World Series.
“Excited for him. He hasn’t done anything but just continue to work and grind, and got his way back here and obviously had a massive impact tonight,” Boone said. “Hopefully something that can springboard him even a little bit more.”
A first-round draft pick in 2019 out of a nearby New Jersey high school, the 5-foot-10 Volpe won a Gold Glove as a rookie shortstop and hit 21 home runs with the Yankees in 2023.
He was expected to hold down the position for years to come, but Volpe entered Thursday with a .224 career batting average, .287 on-base percentage and .660 OPS in four big league seasons. He's also struggled at times on defense, drawing criticism from Yankees fans.
Volpe was optioned to Triple-A Scranton/Wilkes-Barre on Aug. 4, with a plan to gain experience at other positions. He played 19 games at second base for the RailRiders and went on a recent tear at the plate.
“He’s been excellent, from all the reports from player development,” Boone said. "The double-play turn’s been excellent. So, not surprised. He’s the type of athlete that should take to that position well and so far, so good.”
In his last 28 games at Triple-A, Volpe batted .284 with 10 homers, 21 RBIs, seven doubles, 15 walks and eight steals. He compiled a 1.023 OPS after getting demoted.
“It’s not an easy thing to go back there and have the right mindset and not only that but go out and perform at a high level, and that’s what he did," Boone said. “It’s a testament to who he is and his character and I think his love and respect for this game.”
Volpe was selected International League Player of the Week for hitting .524 with three homers, six RBIs and five stolen bases over six games from Aug. 31 to Sept. 6. He compiled a 1.674 OPS with five homers over his past eight games for the RailRiders.
“I definitely see a little difference with how he’s spread out," Boone said. “I thought he looked really good, really under control, controlled the strike zone, patient at-bats while also obviously delivering some blows.”
Volpe’s season debut for the Yankees was delayed until May 13 after he recovered from surgery last October to repair a torn labrum in his left shoulder. He is batting .251 with 24 RBIs in 57 games with New York.
Chisholm can become a free agent after the World Series, so Volpe's chance at second base in a September pennant race could offer something of an audition for next season.
“I just feel like I have an opportunity," Volpe said. “Obviously, it’s weird the way it happened. You never want somebody to get hurt or anything, but I had nothing guaranteed, obviously. I thought I was never going to be back up here. So I’m trying to make the most of it.”
AP Baseball Writer Ronald Blum and AP freelance writer Larry Fleisher contributed to this report.
See AP’s full MLB coverage here
New York Yankees' Anthony Volpe celebrates with teammate after defeating the Colorado Rockies in a baseball game, Thursday, Sept. 10, 2026, in New York. (AP Photo/Adam Hunger)
Colorado Rockies relief pitcher Jimmy Herget reacts after giving up a grand slam to New York Yankees' Anthony Volpe during the seventh inning of a baseball game Thursday, Sept. 10, 2026, in New York. (AP Photo/Adam Hunger)
New York Yankees' Anthony Volpe hits a run scoring single during the second inning of a baseball game against the Colorado Rockies, Thursday, Sept. 10, 2026, in New York. (AP Photo/Adam Hunger)
New York Yankees' Anthony Volpe hits a grand slam during the seventh inning of a baseball game against the Colorado Rockies, Thursday, Sept. 10, 2026, in New York. (AP Photo/Adam Hunger)
New York Yankees' Anthony Volpe is congratulated after hitting a grand slam during the seventh inning of a baseball game against the Colorado Rockies, Thursday, Sept. 10, 2026, in New York. (AP Photo/Adam Hunger)
New York Yankees' Jazz Chisholm Jr. heads to third after hitting a solo home run during the first inning of a baseball game against the Los Angeles Angels, Tuesday, Sept. 1, 2026, in Anaheim, Calif. (AP Photo/Mark J. Terrill)
New York Yankees second baseman Jazz Chisholm Jr. throws to first for the out on San Diego Padres' Fernando Tatis Jr. during the third inning of a baseball game Friday, Sept. 4, 2026, in San Diego. (AP Photo/Gregory Bull)
New York Yankees' Jazz Chisholm Jr. reacts in the dugout during the eighth inning of a baseball game against the Colorado Rockies, Wednesday, Sept. 9, 2026, in New York. (AP Photo/Noah K. Murray)
FILE - New York Yankees' Anthony Volpe celebrates in the dugout after scoring on Trent Grisham RBI single in the during the tenth inning of a baseball game against the Chicago White Sox, July 30, 2026, in Chicago. (AP Photo/Melissa Tamez, File)
