An internal memorandum dated July 8 and signed by Todd M. Lyons, the acting director of the U.S. Immigration and Customs Enforcement (ICE), orders the detention of all migrants who have entered the country without authorization, prohibiting them from requesting a bond hearing before an immigration judge.
The new policy - announced by The Washington Post - has already sparked a wave of concern among human rights advocates, lawyers, and immigrant communities, as it is seen as a threat to due process and the safety of millions of individuals living in the United States without legal status.
“Immigrants must remain in detention during their deportation proceedings,” Lyons instructed in the document, according to the Post.
The measure, which affects millions of people, effectively eliminates a legal avenue that for decades allowed migrants to argue in court that they did not pose a danger to public safety nor a flight risk.
In its place, the only alternative to obtain freedom will be through parole, a legal status that can only be granted exceptionally by an immigration officer, not by a judge.
Indefinite detentions without a judicial hearing
Since the dissemination of the new directive, immigration attorneys have reported systematic denials of bond requests in at least a dozen courts in New York, Virginia, Oregon, North Carolina, Ohio, and Georgia.
The American Immigration Lawyers Association (AILA) warned that the policy is an attempt to apply a legal standard nationwide without considering the specific circumstances of each case.
"This is their way of implementing a method nationwide to stop even more people," denounced Greg Chen, senior director of government relations at AILA.
The memorandum was made public shortly after Congress approved an unprecedented budget allocation for ICE: $45 billion that will enable the daily detention capacity to be expanded to 100,000 individuals, doubling the current limit.
The measure is part of the ambitious immigration plan promoted by President Donald Trump, who seeks to further tighten border control and deportations during his new term.
"Now, thanks to the Great and Beautiful Bill, we will have enough space to do it", wrote the Department of Homeland Security (DHS) on its official account on X.
A legal and humanitarian threat
Various human rights organizations have raised concerns about the disproportionate impact this policy will have, especially on migrants who have been living in the United States for decades, who have U.S. citizen children, have established homes, and do not have a country to return to.
"I don't think it's unnoticed that we are starting to see policies that keep people detained for longer," said Vanessa Dojaquez-Torres, policy advisor at AILA, in a statement to NBC News.
Experts point out that this policy could violate the principle of due process.
According to Paul Hunker, former legal chief of ICE in Dallas, “some courts might view this as not providing non-citizens with due process... they could be detained indefinitely until they are deported.”
An example is the case of Ramón Rodríguez Vásquez, who had been living in the state of Washington since 2009, worked as a farmer, owned his home, and had ten grandchildren who were United States citizens.
ICE arrested him in February for being undocumented. In April, a federal judge ordered that he be allowed a bail hearing due to having no criminal record. However, another judge denied him bail, and he was deported to Mexico.
"What happened with Rodríguez is a typical case of immigrants who will now face lengthy detentions while they fight in court against their deportation," said his attorney, Aaron Korthuis, who described the new interpretation by ICE as "flagrantly illegal."
Precarious conditions in detention centers
The expansion of immigration policy has led ICE to reopen facilities that were closed for security reasons and to build new centers in remote areas.
Among them is the Alligator Alcatraz, a temporary facility located in the Florida Everglades, built in less than two weeks and already criticized for its precarious conditions, such as the lack of potable water and electricity.
Centers such as La Palma Correctional Center have also been reactivated, located in the desert of Pinal County, Arizona, where the high temperatures and isolation make access to legal representation and contact with family members challenging.
"We are witnessing how the government's goal of stopping and deporting more people is growing," emphasized Dojaquez-Torres.
Recent statistics show a significant increase in ICE arrests, which reached 30,000 in June, the highest figure since 2020.
However, deportations remain below the targets set by the Trump administration, which aims to carry out more than 2,700 expulsions daily.
Many detainees have active asylum applications that temporarily halt their deportation processes, which is why the new guidelines aim to expedite expulsions through extended detention periods.
A policy under legal fire
The ICE memorandum anticipates possible judicial challenges and asks immigration prosecutors to present "alternative arguments" that justify the continuation of detention.
However, lawyers from all over the country have already begun to file lawsuits against the elimination of bail hearings.
Rebekah Wolf, campaign director of the American Immigration Council, expressed her concern about the lack of legal transparency in the policy.
“Not even we know which law the government is basing its claim on that anyone who entered without inspection is subject to mandatory detention,” Wolf stated to NBC News.
Additionally, according to the American Immigration Lawyers Association, some immigration judges have challenged the new directive and have granted bond hearings in recent cases.
However, in these scenarios, ICE has responded by appealing the decisions and refusing to release the detainees until the appeals are resolved, which further prolongs the detention of immigrants without a final court ruling.
Vanessa Dojaquez-Torres, policy advisor at AILA, warned that the new guideline deprives judges of the ability to individually consider the cases of detained individuals
"The judge doesn't even have the authority to hear your bail case. It doesn't matter if you're the best person in the world; a judge won't be able to hear your case… if they agree with the DHS's opinion."
The implementation of this policy, in the context of the expansion of the immigration detention system under Donald Trump's administration, represents a dramatic shift towards a more punitive approach to immigration control.
Although official spokespersons insist that the measure aims to “close a legal loophole” and strictly enforce existing laws, critics point out that a system is being built that criminalizes irregular migration and hinders access to justice for thousands of individuals with established lives in the country.
As legal claims begin to mount and higher courts are expected to assess the constitutionality of these new directives, uncertainty and fear are spreading among immigrant communities, many of whom could face months or years in detention centers without the right to appeal their situation before a judge.
Frequently Asked Questions About ICE's New Immigration Policy and Its Impact
What is the new measure implemented by ICE regarding detained migrants?
ICE has ordered to keep all migrants who entered the United States without authorization in detention, not allowing them to request a bail hearing before an immigration judge. This measure eliminates a legal pathway that allowed migrants to argue that they did not pose a danger to public safety or a flight risk.
What are the criticisms of ICE's new detention policy?
Various human rights organizations and lawyers have warned that the policy could violate the principle of due process by keeping migrants detained indefinitely without a judicial hearing. Furthermore, this measure is seen as criminalizing irregular migration and hindering access to justice for thousands of people who have established lives in the country.
What alternatives do migrants have to obtain freedom under the new ICE policy?
The only alternative to obtain freedom under the new policy is through parole, a legal status that can only be granted exceptionally by an immigration officer. It cannot be awarded by a judge, which significantly limits the options for detained migrants.
What has motivated the implementation of this new detention policy by ICE?
The measure is part of the ambitious immigration plan promoted by President Donald Trump, who seeks to further tighten border control and deportations during his new term. Additionally, Congress has approved an unprecedented budget allocation for ICE, enabling the expansion of detention capacity.
Filed under:
