The Trump administration has unveiled a sweeping new policy that would bar millions of immigrants accused of entering the U.S. illegally from accessing bond hearings, marking one of the most significant shifts in American immigration enforcement in decades.
This move, outlined in an internal memo from Acting Immigration and Customs Enforcement (ICE) Director Todd Lyons, directs that immigrants detained without legal authorization will remain in custody for the entire duration of their deportation proceedings, with almost no exceptions.
What is a Bond Hearing and Why Does It Matter?
A bond hearing is a legal process where a judge considers whether a detained immigrant may be released—with a bond—while they await the outcome of their court case. For years, immigrants contesting removal from the U.S., including those who have lived in the country for decades and those fleeing violence or persecution, have used bond hearings to argue they are not a flight risk or a danger to the public.
ICE’s new interpretation would deprive most of these individuals of that chance, forcing them to remain in detention for months or possibly years as their legal challenges wind through an already backlogged court system.
Policy Details and Immediate Impact
Under previous rules, immigrants could request a bond hearing before an immigration judge. The new guidance, which ICE has started implementing, interprets several immigration law provisions as blanket “prohibitions on release” after an arrest, recommending that ICE prosecutors now oppose any form of release and pushing for detention throughout the legal process. Only extremely limited exceptions will be made—and final decisions will rest with ICE, not judges.
The scope is vast: millions who crossed the southern border over the past several decades, and are now in removal proceedings, would be affected. This includes many with strong community ties, U.S.-born children, and plausible legal pathways to remain in the U.S..
Political and Legal Context
President Trump has cited the policy as part of his pledge to enforce “mass deportations” in response to what he calls uncontrolled illegal immigration during the Biden administration.
Congress recently allocated $45 billion over four years to ICE specifically for expanding detention capacity, in addition to the funding authorized by the “Big Beautiful Bill,” which provides $150 billion for immigration enforcement and border infrastructure, including new detention centers and the construction of 1,600 miles of new border barriers.
The timing follows a May ruling by the federal Board of Immigration Appeals that many arriving immigrants are now subject to mandatory detention, and a Supreme Court decision in June that lifted prior restrictions, making the fast-tracking of such detentions legally possible.
Critics Warn of Due Process and Human Rights Violations
Legal experts, former officials, and immigrant advocates have called the policy a “radical departure” from long-established standards, warning it will massively increase the detention population, disrupt families, and subject people with deep U.S. ties to indefinite confinement.
Attorneys argue the move will undermine due process, as immigrants will be held far from their lawyers and support networks—and some could be deported rapidly to third countries without adequate time to prepare appeals or express fears of persecution.
Expected Legal Challenges
Civil rights groups and immigration attorneys are preparing to mount significant court challenges, arguing that the policy violates basic constitutional and human rights guarantees, including the right to bail and fair judicial review. ICE officials acknowledge the controversial approach is “likely to be litigated” in federal courts.
For now, however, millions of undocumented immigrants already in the U.S. face the prospect of extensive, potentially indefinite detention as they fight their cases—with no recourse to the bond hearings that have long provided a lifeline to many in America’s immigration system.
