ICE Denies Bond Hearings for Immigrants Who Entered U.S. Illegally

The Trump administration is moving to prevent millions of undocumented immigrants from obtaining bond hearings. This change means that these individuals will remain in immigration detention while they contest deportation orders in court, a process that can extend for months, or even years. A spokesperson for U.S. Immigration and Customs Enforcement (ICE) explained that the new guidance is aimed at “closing a loophole” in immigration law, which previously applied mainly to those arriving at the U.S.-Mexico border. According to the spokesperson, all individuals attempting to enter the country unlawfully will be treated uniformly under the law, while still receiving due process rights.

This move is being justified as a reflection of longstanding U.S. immigration policies. The Washington Post revealed the specifics of the ICE memo, which instructs officials to detain immigrants throughout their removal proceedings. Vanessa Dojaquez-Torres, a legal expert from the American Immigration Lawyers Association, expressed concern that this change signals policies geared toward extended detention and increased deportations. The new guidance appears to grant immigration officials wider discretion to detain a broader range of immigrants, including long-term residents with U.S. citizen children.

Bond hearings traditionally allow detainees to demonstrate that they are neither a flight risk nor a threat to public safety. Under the new rules, judges may no longer have the authority to hear bond cases if ICE and the Department of Homeland Security (DHS) view the individuals as mandatory detention cases. DHS stated that the administration’s goal is to keep “criminals and lawbreakers” off American streets, bolstered by a significant budget to develop new immigration detention facilities. Despite reports of some judges granting bond hearings, ICE has appealed these decisions, effectively keeping individuals detained until the appeals process concludes.

ICE’s acting director, Todd M. Lyons, acknowledged that the new policy may face legal challenges, reflecting the contentious nature of immigration enforcement.