Trump Admin Pushes New Rule to Keep More Immigrants in Detention Without Bond Hearings

The Trump administration has introduced a controversial immigration policy aimed at making immigrants who entered the U.S. without legal authorization ineligible for bond hearings, forcing them to remain in detention throughout their deportation proceedings, which may last months or even years.

A U.S. Immigration and Customs Enforcement (ICE) spokesperson told NBC News the policy "closes a loophole" in immigration law and ensures "all aliens seeking to enter our country in an unlawful manner or for illicit purposes shall be treated equally under the law, while still receiving due process." The spokesperson emphasized the policy aligns with "the nation's long-standing immigration law."

The Washington Post first reported the ICE memo, which instructs officials to detain immigrants "for the duration of their removal proceedings." This marks a shift from previous policies, which often applied to recent arrivals at the southern border.

Vanessa Dojaquez-Torres, counsel at the American Immigration Lawyers Association, criticized the move, stating, "We are starting to see policies to keep people detained and keep people detained longer." She warned the new guidance could impact immigrants who have lived in the U.S. for decades and have U.S. citizen children, noting that bond hearings allow detainees to show "they are not a flight risk or a public safety risk." Under the new rules, she added, "The judge doesn't even have the power to hear your bond case… It doesn't matter if you're the best person in the world."

The U.S. Department of Homeland Security defended the policy in a post on X, declaring Trump's administration is committed to "keeping these criminals and lawbreakers off American streets." They also referenced the "Big Beautiful Bill" which allocates $45 billion for new detention facilities, stating, "we will have plenty of bed space to do so."

Rebekah Wolf of the American Immigration Council expressed concern, saying, "the memo isn't public," and questioned the legal basis for the policy. Meanwhile, some judges have resisted the guidance by granting bond hearings, but ICE has reportedly appealed those decisions and continued to detain individuals during the appeals process.

Link: NBCNews