Photo by Anil Baki Durmus on Unsplash
A troubling trend is emerging in the federal courts, where activist judges are increasingly using so-called “show cause” orders to pressure the Trump Administration’s Department of Justice. These orders require government attorneys to explain, under oath, why they should not be held in contempt for enforcing the administration’s immigration policies. In the last six months alone, dozens of judges have issued these orders targeting the administration’s policy of detaining illegal aliens without bail.
The policy itself is straightforward and sensible. If someone is in the United States unlawfully, there is no legitimate defense for remaining here. Releasing such individuals on bail simply allows them to continue violating the law and often makes it easier for them to disappear before deportation proceedings are completed. The concern is well founded; many illegal aliens released on bail never appear again.
In fact, federal immigration law supports the administration’s position. Under the law, illegal aliens encountered inside the United States are treated as “applicants for admission” and must be detained pending their removal proceedings. The Board of Immigration Appeals reaffirmed this principle on September 5, 2025, in the case Matter of Jonathan Javier Yajure Hurtado, holding that illegal aliens are subject to mandatory detention without bail.
Despite this clear legal framework, several supremacist judges have attempted to override the policy. One example is Judge Sunshine Sykes in Los Angeles, who ruled that detained illegal aliens must be given the opportunity to request bond hearings and even ordered the government to post notices in English and Spanish explaining this option on government websites.
The Trump Administration has complied with court directives while simultaneously appealing these rulings. Ultimately, the issue is likely headed for higher courts, possibly even the U.S. Supreme Court. When that happens, the Court should reaffirm federal law that illegal entry into the United States does not entitle someone to bail. They should also smack down activist judges for ignoring both the law and national election results. The American people elected a president who promised to enforce immigration law and stop the practice of releasing illegal aliens into the country.
Can activist judges be stopped? Or will they continue to overturn laws with no regard for the Constitution? Connect with us at PhyllisSchlafly.com, to hear alerts on rulings made by “never elected” supremacist judges and to share your viewpoint. That’s PhyllisSchlafly.com. Thanks for listening and join us again for the Phyllis Schlafly Report.
