US ends bond hearings for illegal entrants, expands immigration detention

US expands detention of illegal entrants, ending bond hearings. Release now only possible through Homeland Security exceptions under 1996 law

The United States is dramatically expanding its immigration detention policy, with people who enter the country illegally now being denied access to bond hearings before an immigration judge.

 

In a memo sent to staff on July 8, Todd Lyons, acting director of US Immigration and Customs Enforcement (ICE), said the agency would start fully exercising its authority under existing law to hold individuals without allowing them the chance to request bond. Instead, any release must be approved directly by the Department of Homeland Security (DHS). This was first reported by The Washington Post.

 

Lyons described the shift as a reconsideration of ICE’s “extraordinarily broad and equally complex” powers to detain. The policy was implemented immediately, according to The Post.

 

 

The move is based on a 1996 immigration law that had previously seen limited application. By invoking it more widely, ICE can now detain people who cross the border illegally without an individualised review by a judge—something long viewed as a basic check in the US immigration system.

 

What is a bond hearing?

 

According to the US Justice Department, a bond hearing in US immigration proceedings allows a person detained by ICE to argue for their release while awaiting a decision on their deportation case. The hearing is conducted by an immigration judge, who assesses factors such as whether the person poses a danger to the community, is likely to appear for future court proceedings, or poses any national security risk.

 

Bond hearings are:

 

Generally informal and not recorded

Separate from the main immigration court case

Sometimes include oral statements from both parties

Used to decide whether a person can be released, and under what bond amount

 

The bond amount is set as a financial guarantee that the person will return for future court dates. If they do, the money is returned. If not, the bond is forfeited.

 

Now, under the new ICE directive, people who cross illegally will not have access to such hearings unless DHS grants an exception.

 

Targeted population and legal concerns

 

The new rule affects those who entered the country unlawfully, not those who overstayed visas. Greg Chen, senior director of government relations at the American Immigration Lawyers Association, told news agency AP, his organisation began receiving calls last week from immigration lawyers across the country reporting that clients were being detained in court under the new policy.

 

“One of them had lived in the US for 25 years,” said Chen. “This is going to turn the United States into a nation that imprisons people as a matter of course.”

 

Matt Adams, legal director of the Northwest Immigrant Rights Project, described the shift as “a draconian interpretation of the statute” being used to jail people with no criminal record, including those who have deep roots in the US, such as citizen spouses or children. His group sued the administration earlier this year over what it said was already an increasing use of prolonged detention by judges in Tacoma, Washington.

 

Charles Kuck, founding partner at Kuck Baxter in Atlanta said in a social media post, "To be clear, ICE’s position here is laughable and is being rejected by immigration judges all over the US, and will soon be dismissed by actual federal court judges in habeas proceedings".

 

ICE held about 56,000 people as of end-June—well above the budgeted capacity of 41,000 and close to historic highs. But new funding signed into law by President Donald Trump is expected to push that figure even higher.

 

Massive detention budget approved

 

Homeland Security spokesperson Tricia McLaughlin said ICE now has “plenty of bed space” thanks to Trump’s approval of a new law injecting about $170 billion into border and immigration enforcement. That includes $45 billion for detention facilities.

 

“The Biden administration dangerously unleashed millions of unvetted illegal aliens into the country — and they used many loopholes to do so,” said McLaughlin. “President Trump and Secretary Noem are now enforcing this law as it was actually written to keep America safe.”

 

ICE, under this law, is projected to receive USD 76.5 billion over five years—almost ten times its current annual budget.

 

In January, Trump signed the Laken Riley Act, named after a Georgia student who was murdered, which mandates the detention of unauthorised immigrants arrested for crimes ranging from theft and burglary to more serious offences.

 

Legal fallout expected

 

In his memo, Lyons acknowledged the policy may face legal challenges. He instructed ICE attorneys to continue building cases with evidence of public safety risk and flight concerns, in case individualised review by a judge becomes necessary.

 

But for now, immigration attorneys say the policy is being applied nationwide—and rapidly.