ICE DETENTION & REMOVAL DEFENSE

The Trump Administration has directed ICE officials to deny bond to all individuals who entered the U.S. without inspection regardless of how long that individual has resided in the U.S, regardless of the possibility of successfully obtaining a green card by order of the immigration judge and, regardless if they have no criminal record, and regardless of the fact that they have have families in the U.S. and have been faithfully filing and paying taxes.

On September 5, 2025, a case issued by the Board of Immigration Appeals (BIA) determined that Immigration Judges also are not permitted by law to grant a bond to an individual who entered the U.S. without inspection. Matter of YAJURE HURTADO, 29 I&N Dec. 216 (BIA 2025). Hope is not lost. Many individuals can file a Petition for Habeas Corpus in the Federal Court and ask the federal judge to order the release of an individual. These are being granted all over the United States as indefinite detention is a violation of an individual's constitutional rights. Several Class Action lawsuits are pending before the courts. If the petitioners are successful in one of these class action lawsuits, the policy of indefinite detention will likely end. Thereafter, those that are apprehended by ICE may very well be granted bond, or at the very least, an immigration judge will be able to order release from detention.