Due Process Matters: Ninth Circuit Rejects Blanket Detention Policy

The Ninth Circuit Court of Appeals, which includes Nevada, has ruled that the Trump administration’s policy of mandatory immigration detention cannot be applied to most people arrested inside the United States. Instead, many immigrants will once again have the opportunity to receive an individualized bond hearing before an immigration judge.

This decision is not about ending immigration enforcement. People who are determined to be a danger to the community or a significant flight risk may still be detained. Rather, the court affirmed that detention decisions should be based on individual circumstances, not a blanket policy.

For Nevada, this is a significant ruling. Our state is part of the Ninth Circuit, meaning this decision directly affects immigration proceedings here and across much of the western United States.

As people of faith, we believe every person is created in the image of God and deserves to be treated with dignity. Justice requires both accountability and due process. Policies that recognize the humanity of each person while protecting our communities reflect those shared values.

Detention Standards Fall Short: A Faith Response to Immigration Detention

Global Refuge is raising serious concerns that the Department of Homeland Security’s updated immigration detention standards still fall far short of protecting the dignity, safety, and humanity of immigrants and refugees.

This comes at a time when more people of faith, family members, advocates, and community leaders are gathering outside detention centers to pray, bear witness, and call for change. From Delaney Hall in New Jersey to the Dilley Family Detention Center in Texas, these gatherings reflect growing concern over conditions inside our nation’s detention facilities. Those concerns are not abstract. According to reporting cited by Global Refuge, 52 people died in ICE custody between January 20, 2025, and June 4, 2026—the highest number of deaths in more than a decade.

The updated 2026 ICE National Detention Standards do include some important improvements. They require interpretation and translation services at no cost, call for earlier mental health evaluations, direct facilities to transfer individuals when their medical or mental health needs cannot be met, and establish clearer expectations for release, including access to a phone call, legal and medical resources, weather-appropriate clothing, and transportation when needed.

Those are meaningful steps, but they do not address the deeper problems within our immigration detention system.

Children and families can still be detained. Individuals can still be held for prolonged periods without a clear timeline for release. Solitary confinement remains an option for people living with serious mental illness. Questions also remain about access to adequate medical care, communication, language services, transparency, and meaningful accountability.

As Lutherans, we believe every person is created in the image of God. Human dignity is not earned through citizenship or immigration status—it is a gift from God. Any immigration system should be measured not only by how effectively it enforces the law, but by whether it protects life, keeps families together, ensures due process, and cares for those who are medically or mentally vulnerable.

For communities across the Southwest, immigration is not a distant policy debate. It affects families, congregations, schools, shelters, legal aid organizations, and ministries that accompany immigrants and refugees every day. When detention systems lack transparency or accountability, the consequences extend far beyond detention centers and into our neighborhoods.

Global Refuge also raises an important question for policymakers. As Congress invests billions of dollars into immigration enforcement, will it also invest in meaningful oversight and accountability? Increased funding without strong safeguards risks expanding a system that continues to leave vulnerable people at risk. Congress should pair enforcement resources with independent inspections, greater transparency, stronger protections for medically and mentally vulnerable individuals, and meaningful limits on the use of solitary confinement.

As people of faith, we cannot look away.

We can urge Congress to end family detention, strengthen oversight, ensure humane release practices, protect access to legal and medical services, and hold detention facilities accountable to the standards they are expected to follow. We can also support community-based alternatives to detention, which have consistently demonstrated that families can successfully participate in immigration proceedings without experiencing the trauma of prolonged detention.

Our immigration system should reflect the values we profess: dignity, justice, compassion, and hope. The question before our nation is not simply how much we spend on immigration enforcement, but what kind of immigration system we are choosing to build.

As Lutherans, we are called to stand alongside our neighbors, especially those who are vulnerable, and to advocate for public policies that protect human dignity, strengthen families, and reflect God’s love for all people.

Here is a recent update regarding recent Ninth Circuit of Appeals ruiling.

All Together in One Place: Choosing Reconciliation Over Division in a Multifaith America

JULY 28, 2026

Dear church,

From its earliest days, the United States has been shaped by religious diversity. Indigenous peoples sustained diverse spiritual and religious traditions long before the nation’s founding, and successive waves of settlers, including Protestants, Catholics, Jews, Muslims, Buddhists and others, brought a variety of beliefs that helped define the nation’s unique and vital religious landscape. 

Throughout the church today, many are struggling with debates regarding the religious identity of our nation. While religious diversity did not begin with the Constitution, the Constitution’s framers recognized an important truth: the future of our nation could not be tied to a single religious identity. By rejecting religious tests for public office, the Founders created space for people of any or no faith tradition to participate in public life together. That commitment continues to be foundational to our nation’s vitality, especially at a time when people are tempted to identify love of the nation, or the government itself, with a single religion. No one faith tradition should rule the United States, just as the framers desired.1

As the apostle Paul writes, God has given us “the ministry of reconciliation” (2 Corinthians 5:18). Reconciliation involves living in God’s future — including through renewed interreligious relationships.

Religious diversity is the reality of the world we live in. Recognizing this, the Evangelical Lutheran Church in America adopted “A Declaration of Inter-Religious Commitment,” which affirms that mutual understanding with other faith traditions can deepen our own faith. Through encountering neighbors and working side by side in shared commitments to love and compassion and community, our own Christian faith is strengthened. This conviction means that through my call as presiding bishop of the ELCA, our church develops and maintains relationships with Jewish, Muslim and many other faith communities. Like personal friendships we hold, these relationships do not require us to set aside Christian faith. Rather they reaffirm that in a nation as diverse as ours, being a good neighbor across religious differences is not optional. It’s a part of the shared American experience. It is an experience we can support as everyday Lutherans in God’s call to reconciliation.

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“The ELCA will explore and encourage inter-religious friendship, accompaniment, and partnership with all who seek justice, peace, human wholeness, and the well-being of creation (ELCA Constitution, Chapter 4.03.f).” —“A Declaration of Inter-Religious Commitment,” p. 10

“The ELCA will defend the full participation of all in our religiously diverse society, ‘strengthening public space as a just place for all’ regardless of religion or worldview (‘The Church in the Public Space: A Statement of The Lutheran World Federation,’ 2016).” —“A Declaration of Inter-Religious Commitment,” p. 11

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The ministry of reconciliation is both local and national. God invites us to love one another across differences. Trusting in God’s grace, we boldly form relationships with neighbors of all faiths who share a commitment to justice, peace and the flourishing of all creation. I encourage you to engage in this essential ministry, which offers a powerful opportunity to heal divisions, deepen respect across differences and strengthen the bonds of our common life. 

In Christ,

The Rev. Yehiel Curry
Presiding Bishop
Evangelical Lutheran Church in America  

Tell Your Story: A Faith-Based Guide to Sharing Your Story with Decision Makers

Why Your Story Matters

As people of faith, we believe every person has a story worth hearing.

Throughout Scripture, God works through the stories of ordinary people. Moses shared his fears. Ruth shared her journey. Mary proclaimed God’s justice. Jesus taught through stories because stories change hearts.

When you meet with an elected official, send an email, testify at a hearing, or attend a town hall, your lived experience is one of the most powerful tools you have.

Facts inform.
Stories inspire.
Together they create change.

The 3-Minute Story Framework

1. Who are you?

Introduce yourself.

Share:

  • Your name
  • Where you live
  • Your congregation
  • Your role in your community

Example:

“My name is Sarah, and I’m a member of Hope Lutheran Church in Dayton. I’m also a nurse and the mother of two children.”

2. What happened?

Describe your experience.

Focus on:

  • What you experienced
  • How it affected you, your family, or your community
  • Why it matters

Use specific examples.

Instead of:

Housing is expensive.

Try:

Last year my daughter and her family had to move three times because rent increased faster than their income. My grandchildren changed schools twice.

3. Why does this matter?

Connect your story to the policy.

Explain:

  • What change is needed?
  • Why should lawmakers care?
  • How would this improve people’s lives?

Example:

“Policies that expand affordable housing would help families stay rooted in their communities instead of constantly starting over.”

4. Make the Ask

Always end with a clear request.

Examples:

  • Please support this bill.
  • Please oppose this proposal.
  • Please protect SNAP.
  • Please preserve Medicaid.
  • Please invest in affordable housing.
  • Please protect our public lands.

Connect Your Story to Your Faith

You do not need to quote Scripture, but it is appropriate to explain why your faith calls you to act.

You might say:

  • “My Lutheran faith teaches me to love my neighbor.”
  • “As Christians, we are called to care for creation.”
  • “I believe every person is created in God’s image and deserves dignity.”
  • “Our congregation sees these challenges every day.”
  • “Serving my neighbors has shown me how important this issue is.”

Helpful Tips

Keep it personal.

Talk about your own experience rather than speaking for everyone.

Be respectful.

You may disagree with an elected official while still treating them with dignity.

Be brief.

Aim for two to three minutes.

Be specific.

Concrete stories are easier to remember than broad statements.

Be hopeful.

Advocacy is about creating solutions, not simply describing problems.

Questions to Help You Reflect

Consider these prompts:

  • When have you or someone you love struggled because of a public policy?
  • What ministry has changed your understanding of this issue?
  • Where have you seen God at work in your community?
  • What experience motivates you to advocate?
  • Why does this issue matter to your congregation?

Common Advocacy Topics

Your story could focus on:

  • Hunger and SNAP
  • Affordable housing
  • Health care and Medicaid
  • Immigration and refugees
  • Public lands stewardship
  • Climate and creation care
  • Democracy and voting
  • Mental health
  • Child care
  • Education
  • Poverty
  • Disability access
  • Aging with dignity

Before You Leave the Meeting

Remember to:

  • Thank the legislator or staff member.
  • Leave behind a fact sheet.
  • Ask how you can stay in touch.
  • Follow up with a thank-you email.

Remember

Your story may be the first time a policymaker hears how a decision affects a real person.

Advocacy is not about being an expert. It is about being faithful.

God has already given you the most important qualification:

Your lived experience.