Cunha v. Freden

On Feb. 17, 2026, the American Civil Liberties Union, New York Civil Liberties Union, and Law Office of Paul O’Dwyer PC filed a lawsuit challenging the Trump administration’s new policy of subjecting millions of immigrants to mandatory detention based on their manner of entry, regardless of how long they have lived in the country.

The plaintiff, Ricardo Barbosa da Cunha, has been living in the United States for over 20 years, has a family, owns a home and a business, and has had an application for legal status pending since 2016. Nonetheless, in September 2025, the Department of Homeland Security detained him under the government’s new no-bond policy.

A district court judge found this unlawful and ordered a bond hearing. An immigration judge then found that he was not a flight risk or a danger to the community and ordered his release. Then, on April 28, the Second Circuit affirmed the district court’s decision and agreed that the administration’s new interpretation violated existing immigration law and would raise serious constitutional problems.