In a dramatic shift in immigration enforcement, the Trump administration has issued a new directive that will deny bond hearings to undocumented migrants held in detention, effectively mandating indefinite detention throughout their deportation proceedings. The move is part of a broader effort to strengthen border enforcement and accelerate removals, but it has already triggered backlash from immigrant rights advocates, legal experts, and members of Congress.
The policy was outlined in a July 8 memo issued by Acting U.S. Immigration and Customs Enforcement (ICE) Director Todd M. Lyons. The memo instructs ICE agents that migrants who entered the country illegally are no longer eligible for bond hearings and must be detained “for the duration of their removal proceedings.” In rare cases, ICE officers—not judges—may grant parole, but the criteria for such exceptions remain unclear.
Lyons wrote that the Department of Homeland Security (DHS) and the Department of Justice had “revisited their legal position on detention and release authorities” and concluded that immigration law does not allow for the release of these individuals from custody while their cases are pending. This interpretation is based on a clause in immigration law that states certain migrants “shall be detained” after arrest—language the administration now interprets as a blanket mandate, rather than a discretionary guideline.
The policy marks a stark departure from decades of immigration court precedent, under which detained migrants could petition for bond hearings before a judge. If granted, they were allowed to await their immigration hearings outside of detention, often with ankle monitors or supervision. Currently, immigration courts handle thousands of such cases annually, and the bond system is seen by advocates as a safeguard against indefinite detention.
Now, however, millions of migrants—regardless of when they crossed the border—face prolonged detention, potentially lasting months or even years, due to severe backlogs in the immigration court system. According to ICE’s 2024 annual report, over 7.6 million migrants were on the agency’s docket, with the vast majority having been released into the community. That is set to change under the new directive.
The timing of this policy coincides with the passage of President Trump’s sweeping new immigration and tax legislation, nicknamed the “Big Beautiful Bill.” The law includes $45 billion in funding over four years to double ICE’s detention capacity to more than 100,000 beds. Critics say this funding expansion was a precursor to mass detentions, with bond denial acting as the legal mechanism to fill the new space.
Civil rights groups have condemned the policy as unconstitutional and likely to be challenged in federal court. “This is a direct assault on due process,” said Greg Chen of the American Immigration Lawyers Association. “People can now be detained indefinitely without meaningful judicial review.”
The American Civil Liberties Union and other legal organizations are preparing lawsuits, arguing that the government’s reading of the law ignores both historical precedent and constitutional protections.
As the new policy begins rolling out across the country, many fear it will not only overwhelm ICE facilities, but also traumatize families and communities already under stress from years of aggressive enforcement.
