In a move that further tightens U.S. immigration policy, President Donald Trump’s administration ordered the complete elimination of bond hearings for undocumented immigrants who have been detained inside the country, which could lead to thousands of people remaining incarcerated for months or even years as they fight for their right to remain in the U.S.
The order, issued on July 8 by the acting director of Immigration and Customs Enforcement (ICE), Patrick J. Lyons, states that no immigrant without legal status may be released during their immigration proceedings, regardless of whether their detention occurred at the border or within the country. Until now, only those who were apprehended while crossing illegally were held without automatic bond.
Trump administration bans bail for immigrants
As revealed by The Washington Post, the new policy also shifts the final decision on parole from judges to ICE officials, eliminating a critical instance that provided some legal protection to the migrant.
“It is a radical and dangerous change,” warned Fernando Romo, an immigration attorney and legal advisor to the Association of Salvadorans in Los Angeles (Asosal).
“They are closing the door on thousands of people who need a fair hearing to prove they pose no danger or flight risk.”
A measure that aggravates the saturation of the migration system
This directive comes at a time when immigration courts face a record 3.5 million pending cases, which can delay hearings for years.
According to organizations such as the American Immigration Council, the government’s intention would be to pressure immigrants to accept voluntary deportation by leaving them in prolonged detention with no real possibility of defending their case.
“They want to break your will. The message is clear: if you fight your case, you get locked up,” Romo said.
Aaron Reichlin-Melnick, an attorney specializing in immigration policy, criticized the contradiction in the Republican discourse.
“For years they accused Biden of allowing ‘soft’ immigration. Now they are doing the exact opposite, eliminating the minimum safeguards the law offered.”
Budget increase and expansion of detention centers
The ICE order coincides with the recent passage of a budget bill that allocated $45 billion to the immigration detention system, with the goal of expanding its capacity to 100,000 beds per day.
As part of this expansion, states such as Florida have renewed and extended contracts with private centers, including the controversial “Alligator Alcatraz,” a mega-center located in the wetlands west of Miami, where extreme conditions and inhumane treatment have already been reported.
Human rights advocates warn that the elimination of bail and the accelerated growth of the detention network are part of a strategy to criminalize migration and eliminate legal avenues of defense for people who have been living, working and raising families in the U.S. for years.
They want to break your will. The message is clear: if you fight your case, you get locked up
