Trump Administration Moves to Eliminate Bond Hearings for Illegal Migrants
The Trump administration's new policy makes illegal migrants ineligible for bond hearings, significantly impacting their deportation proceedings amid legal challenges.
Overview
- ICE has declared illegal migrants ineligible for bond hearings following the signing of the Big, Beautiful Bill by President Trump, increasing funding for enforcement.
- Acting ICE Director Todd Lyons issued a memo revising detention policies, instructing officers to detain illegal immigrants throughout their removal proceedings.
- The new policy aims to make millions of illegal migrants ineligible for bond hearings during their deportation cases, marking a shift from previous practices.
- ICE's 2024 annual report states that they detain noncitizens only when necessary, despite the new policy on bond hearings.
- Legal challenges have been filed against the Trump administration's immigration policy, which seeks to eliminate bond hearings for immigrants without legal status.
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FAQ
The policy is based on a reinterpretation of Section 235 of the Immigration and Nationality Act, which mandates detention for noncitizens not formally admitted to the U.S., effectively removing the possibility of bond hearings for these individuals[4]. The Department of Homeland Security and the Justice Department coordinated to revisit their legal position, leading to this shift[4].
Previously, most undocumented immigrants—especially those who had lived in the U.S. for years—could request a bond hearing before an immigration judge to argue for release during deportation proceedings. Now, only ICE officials can authorize release via parole, not judges, and detention is mandatory for those who entered without inspection.
The policy is expected to increase the number of detainees, placing additional strain on an already backlogged immigration court system (over 3.46 million cases pending) and detention facilities, which may need to expand capacity to accommodate more detainees[2][3]. Communication between detainees and their attorneys could become more difficult, potentially hindering the ability to mount a defense[3].
Yes, the policy is expected to face legal challenges, with critics arguing it may violate due process rights by allowing indefinite detention without judicial review[1][3]. Immigration attorneys and advocacy groups have raised concerns about the lack of individual circumstances review[3].
ICE’s 2024 annual report states the agency detains noncitizens only when necessary, but the new policy represents a significant shift toward mandatory detention for a broader population. Officials argue the change enforces existing law and targets those who entered the U.S. unlawfully, but critics see it as an expansion of detention without adequate safeguards.
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