Trump Administration Bans Immigration Bond Hearings, Citing 'Loophole' Fix

The Trump administration has introduced a controversial new policy that strips most undocumented immigrants of the right to request a bond hearing, effectively keeping them behind bars throughout the often lengthy deportation process.

Outlined in a memo dated 8 July 2025 by acting Immigration and Customs Enforcement (ICE) director Todd Lyons, the policy instructs agents to detain individuals who entered the US illegally until their cases are resolved, a process that can stretch into months or even years.

ICE claims the move closes a critical loophole in immigration enforcement. It comes shortly after the US Congress approved a £33.6 billion ($45 billion) funding package to expand detention capacity across the country.

But immigrant rights advocates and legal experts have raised the alarm, warning that the decision could lead to indefinite detention for millions, including long-time residents with deep ties to their communities.

Judges Blocked From Granting Bond

Until now, migrants held by ICE could request a bond hearing before an immigration judge. Judges would then assess whether the individual posed a risk to public safety or was likely to flee. If cleared, the migrant could be released while awaiting a court decision.

The new directive, however, removes that discretion. As reported by CBS News, judges will no longer be allowed to hold bond hearings for individuals who crossed the border without permission. Instead, any release will rely solely on ICE's discretionary parole.

Lyons defended the change, saying it simply enforces existing immigration law, which mandates detention for certain groups. He also instructed ICE attorneys to be ready to justify detentions on the basis of community risk or flight risk.

Millions at Risk of Long-Term Detention

According to the Associated Press, more than 3.4 million immigration cases are currently pending in the US. Around 2.2 million involve asylum seekers, many of whom could now be detained indefinitely under the new rules.

ICE is currently detaining roughly 56,000 people each day, a figure close to record levels. With the new funding, the agency plans to expand that capacity to more than 100,000 beds.

The policy applies specifically to migrants who crossed the border illegally. Those who overstayed valid visas remain eligible for bond hearings.

Still, immigration lawyers in states including New York and Georgia report that courts have already started denying bond requests in line with the new directive.

Legal Pushback and Due Process Fears

The response from immigrant rights groups has been swift and fierce. Many say the policy violates constitutional protections, and several lawsuits have already been filed.

Immigration lawyer Charles Kuck called the policy 'laughable', predicting it would be struck down in federal court. Matt Adams, legal director at the Northwest Immigrant Rights Project, described it as 'draconian'.

Legal action is already underway in Washington state, where campaigners argue the government has unlawfully removed judges' authority, effectively keeping migrants locked up without any chance for review.

Some judges have continued issuing bond rulings despite the policy shift, but ICE has reportedly appealed those decisions and refused to release detainees while legal challenges are pending.

The full memo outlining the policy has yet to be made public, adding to the confusion and uncertainty surrounding its implementation.

ICE Defends Decision as Security Measure

ICE maintains that the new restrictions are consistent with existing immigration law. A spokesperson said the policy 'closes a loophole to our nation's security based on an inaccurate interpretation of the statute'.

Tricia McLaughlin, spokesperson for the Department of Homeland Security, said the change is designed to 'keep America safe' and ensure that those facing removal remain available for deportation.

Mark Krikorian, executive director of the Centre for Immigration Studies, echoed that stance, saying detention is 'the best way' to guarantee removals are carried out.

The Trump administration has also promoted the £33.6 billion ($45 billion) in new funding, referred to internally as the 'Big Beautiful Bill', as essential to bolstering enforcement and expanding detention facilities.

A Turning Point in Immigration Enforcement

The policy marks one of the most significant shifts in US immigration enforcement in recent years. It expands detention powers, limits judicial oversight, and could impact millions of undocumented individuals already living in the country.

With legal challenges already underway, the final word may come from the courts. But for now, thousands of immigrants face a system that no longer offers them a chance to argue for their release.