Immigrants could be eligible for bond hearings, striking down DHS policy: judge

A federal judge in California has blocked a Department of Homeland Security (DHS) policy that required most immigrants who entered the United States without inspection to remain in detention throughout their removal proceedings.

The policy, implemented in July, directed Immigration and Customs Enforcement (ICE) to classify many immigrants arrested inside the U.S. as “applicants for admission.” This classification eliminated their ability to request release on bond—regardless of how long they had lived in the United States or whether they had a criminal record.

Under prior administrations, many individuals who entered the country without inspection were still eligible for bond and could be released while their immigration cases were pending.

On Tuesday, Judge Sunshine Suzanne Sykes certified a class action granting relief to immigrants who entered the U.S. without inspection and to those who were not detained at the time of entry. The ruling could allow thousands of detained immigrants to seek release on bond.

The lawsuit was filed by immigrant rights advocates on behalf of four individuals detained at an ICE facility in California who were denied bond hearings under the new policy. On July 28, Judge Sykes issued a temporary restraining order preventing their continued detention, and later expanded relief to others affected by the policy.

As one of the attorneys in the case explained, individuals in removal proceedings who were previously denied bond solely because they entered without inspection may now once again be eligible for a bond hearing—restoring a practice that had been in place for decades.

What This Means for ImmigrantsIf you or a loved one is currently in removal proceedings and has been denied a bond hearing based on manner of entry alone, this ruling may open the door to release from detention. Speaking with an experienced immigration attorney as soon as possible is critical to determine eligibility and request bond.