An immigration appellate board on Friday upheld a Trump administration policy that denies bond hearings to immigrants who entered the U.S. without authorization, expanding mandatory detention to thousands already in custody and potentially millions more nationwide.
The policy is being challenged in federal court, but the Board of Immigration Appeals’ ruling is expected to quickly curb judges’ long practice of granting bond to immigrants not deemed flight risks or dangers.
The Los Angeles Times reported the ruling bars immigration judges from granting bond, requiring detainees to remain in custody through removal proceedings that can last years. Immigration courts, which fall under the Justice Department rather than the judiciary, must now follow the board’s decision.
The policy, introduced in July, is being challenged in federal court. Several lawsuits argue that prolonged detention without bond violates federal law and constitutional protections. A class-action case is pending in the U.S. District Court for the Central District of California.
Supporters of the policy say it strengthens enforcement by preventing detainees from being released while their cases proceed. Critics, including immigrant rights attorneys, argue that the approach could increase detention significantly, strain detention facilities, and pressure individuals to abandon their cases.
The ruling stems from the case of a Venezuelan national who entered the United States near El Paso, Texas, in 2022 and was later granted Temporary Protected Status, which was terminated in April 2023 following an administration decision that remains under litigation. The board concluded that people who are illegally inside the U.S. must be detained through the entirety of their immigration proceedings.
The new determination effectively places long-term residents who entered the country illegally in the same category as those who more recently made an illegal border crossing. All are now subject to mandatory detention without the option of bond.
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