The Trump administration has rolled out a sweeping new immigration policy that bars millions of undocumented immigrants from seeking bond hearings while facing deportation, effectively ordering their detention for months or even years as legal proceedings unfold.
According to a July 8 memo obtained by
The Washington Post
, Todd M. Lyons, the acting director of U.S. Immigration and Customs Enforcement (ICE), directed agents to detain immigrants who entered the country illegally “for the duration of their removal proceedings.” The directive marks a stark shift from prior practice, which allowed many immigrants — even those who had lived in the U.S. for years — to request a bond hearing before an immigration judge.
Under the new guidance, exceptions will be rare and limited to discretionary parole, with decisions left to ICE officers rather than judges. Lyons noted that the agency had “revisited its legal position” and determined that current immigration law mandates detention without release for those who entered without authorization.
Policy Poised to Affect Millions
Legal experts estimate the change could impact millions of immigrants — not only recent border crossers but long-time U.S. residents with deep community ties. Lawyers warn that the measure could lead to prolonged incarceration in remote detention facilities and hinder detainees’ ability to prepare their cases or stay in contact with their families and attorneys.
“This is a deliberate attempt to detain far more people without reviewing their individual situations,” said Greg Chen of the American Immigration Lawyers Association. “It represents a significant departure from due process.”
ICE confirmed the new approach, stating it “closes a loophole” and ensures consistent treatment of all who entered the country unlawfully. Homeland Security officials described it as an enforcement of the law “as it was written.”
Bond Hearings Blocked Nationwide
Since the directive’s release,
immigrants
have reportedly been denied bond hearings in at least a dozen immigration courts across states including New York, Georgia, and Oregon. Immigration courts fall under the jurisdiction of the Department of Justice, which has not commented on the rollout.
ICE currently detains about 56,000 immigrants daily and plans to expand that capacity to 100,000 under a new $45 billion, four-year funding bill passed by Congress. The expansion has also seen the reopening of family detention centers closed under President Biden, the construction of soft-sided detention facilities in remote locations like the Florida Everglades, and fast-tracked deportations, sometimes to unstable countries such as South Sudan.
Legal Challenges Already Underway
Immigrant advocates and legal scholars have condemned the policy as unconstitutional. Paul Hunker, a former ICE chief counsel, warned the policy could lead to “indefinite detention” without adequate legal recourse. “I think some courts are going to find that this doesn’t give noncitizens sufficient due process,” he said.
One such challenge is already
underway
in Washington state, where the Northwest Immigrant Rights Project is suing ICE for denying bond hearings to undocumented immigrants — including those who’ve lived in the U.S. for decades. The lead plaintiff, Ramon Rodriguez Vazquez, had lived in Washington since 2009, worked as a farmer, and has ten U.S.-born grandchildren. A federal judge ordered ICE to grant him a bond hearing, though he was ultimately denied and deported to Mexico. His case does not set a nationwide precedent.
“This is about detaining more people for longer,” said Aaron Korthuis, Rodriguez’s attorney. “These are people who have spent years contributing to their communities. Now, the government wants to detain them indefinitely, with little to no opportunity for release. It’s flagrantly unlawful.”
The Trump administration has
prioritized
immigration enforcement as a cornerstone of its agenda, with the president pledging to deport one million people in his first year back in office. Critics say the new ICE policy is an aggressive step toward fulfilling that goal — one that will almost certainly face court scrutiny in the weeks ahead.
