The Trump administration is reportedly seeking to bar millions of immigrants who entered the United States without legal status from receiving bond hearings during deportation proceedings. According to a Washington Post report, a memo from Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons states that such individuals 'may not be released from ICE custody.'
The policy, issued on 8 July, would apply to immigrants who entered the country from Mexico in recent decades and are in removal proceedings that can last years. Previously, these immigrants could request a bond hearing before an immigration judge. The memo says the departments of homeland security and justice have 'revisited [their] legal position on detention and release authorities.'
The change is expected to face legal challenges. Immigration attorney Charles Kuck called ICE's position 'laughable' and predicted it would be dismissed by federal courts. An ICE spokesperson defended the policy, saying it 'closes a loophole to our nation's security' and aligns with longstanding immigration law.
The policy marks a shift from the Biden administration, which provided guidance on how detained immigrants could post bond. The Center for Immigration Studies, which advocates for reducing immigration, supported the move, with executive director Mark Krikorian stating that detention is 'absolutely the best way to approach this.'
In May, the federal Board of Immigration Appeals ruled that certain immigrants are subject to mandatory detention, meaning ICE can jail them without bond hearings. The new policy extends this restriction to a broader group.
