ICE Policy Shift: Many Immigrants in Detention Lose Right to Bond Hearings

Immigration and Customs Enforcement (ICE) has announced a major policy change that will limit who qualifies for bond hearings in immigration court. This shift is part of the administration’s broader immigration crackdown and could lead to a significant increase in the number of immigrants held in detention.

What Changed

Until now, many immigrants who had lived in the U.S. for years without legal status were eligible to request a bond hearing. In those hearings, immigration judges could decide if a person posed a flight risk or danger, and potentially allow them to fight their case outside detention.

Under the new policy, ICE is reinterpreting a 1990s immigration law to argue that anyone who entered the U.S. without formal admission—whether recently or years ago—must be detained under Section 235 of the Immigration and Nationality Act. The only way they could be released is if ICE itself grants parole, removing judges from the decision-making process.

Why This Matters

Previously, mandatory detention was limited to recent border crossers and those with certain criminal convictions. The change now applies broadly to all undocumented immigrants who entered without inspection, regardless of their history or ties to the U.S.

Critics warn this means hundreds of thousands of immigrants may face automatic detention, even if they have strong family and community ties, and even if they pose no risk. Greg Chen of the American Immigration Lawyers Association said this “automatic detention rule” deprives many of their liberty unnecessarily.

Funding and Expansion of Detention

This policy comes on the heels of the One Big Beautiful Bill Act, which allocated $75 billion to ICE for immigration enforcement and detention. With this funding, the agency plans to hire 10,000 new deportation officers and expand detention capacity to more than 100,000 people at a time. Currently, ICE is already holding over 58,000 detainees daily.

ICE’s Position

ICE has defended the change, saying it “closes a loophole” and ensures that those entering unlawfully are treated equally under the law. DHS officials echoed this, framing the policy as a matter of national security and public safety.

Final Thoughts

This marks a dramatic expansion of mandatory immigration detention, shifting power away from judges and placing release decisions almost entirely in ICE’s hands. For immigrants and their families, it raises serious concerns about fairness, due process, and the human cost of long-term detention. As enforcement continues to grow, it’s critical for immigrants, advocates, and legal professionals to stay informed and prepared for how these changes may impact ongoing and future cases.

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My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the challenges and limited options for obtaining a green card while on a tourist visa. If you’re considering adjusting your status or have questions about family-based sponsorship, employment-based petitions, or other immigration pathways, it’s essential to understand the complexities involved. If you need personalized advice or have any immigration-related concerns, I encourage you to schedule a free consultation by clicking this link.