ICE Directive Ends Bond Hearings for Undocumented Detainees

Earlier this month, U.S. Immigration and Customs Enforcement (ICE) issued a new internal policy that eliminates bond eligibility for most immigrants who enter the country without authorization.

Citing provisions of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), acting ICE Director Todd Lyons instructed agents to withhold bond eligibility for anyone who entered unlawfully, stating such individuals should be detained “for the duration of their removal proceedings.” As a result, ICE—not immigration judges—will determine if and when individuals may be released.

 

What this Means

Previously, individuals in immigration detention could request a bond hearing before a judge, who would assess whether they posed a flight risk or threat to the community. That safeguard is now being denied to most recent entrants, leaving them vulnerable to months or even years in detention while their cases proceed.

Advocates say the policy all but guarantees prolonged detention in remote facilities, separating families and obstructing legal access. “Detention is no longer the exception—it’s now the rule,” said Rosa Santana. co-director of the Envision Freedom Fund, which provides bail assistance to low-income immigrants.

Legal and Human Rights Concerns

Legal experts argue the directive violates constitutional due process protections and will likely be challenged in court. Community organizations warn the move will disproportionately impact Black immigrants and asylum seekers from African, Caribbean, and Latin American countries—many of whom have already endured dangerous journeys to reach the U.S.

Although bond is still technically available in some cases (such as lawful permanent residents or individuals with strong ties to the U.S.), advocates say the number of bonds granted has already declined sharply in regions like New York, and access to release is increasingly limited.