NO MORE BOND HEARINGS FOR UNAUTHORIZED IMMIGRANTS IN THE US

NO MORE BOND HEARINGS FOR UNAUTHORIZED IMMIGRANTS IN THE US #america #usa #immigration

“Big news in U.S. immigration policy: the Board of Immigration Appeals has ruled that immigrants who entered the U.S. without authorization are no longer eligible for bond hearings, meaning they may be detained—potentially for months or even years—without judicial release options. Let’s unpack what this means, why it matters, and how it impacts millions.” What’s the Ruling? • On September 6, 2025, the BIA upheld a Trump-era policy denying bond hearings to immigrants who entered without authorization. The board concluded that under the Immigration and Nationality Act (INA), unauthorized immigrants must be detained mandatorily during removal proceedings, not granted bond eligibility. The Washington PostThe Economic Times • This decision binds all immigration judges and DHS officials unless overturned by the Attorney General or a federal court. The Washington Post Legal Foundation: Matter of Q. Li • The BIA decision stems from the precedent-setting Matter of Q. Li (May 2025). In that case, a Chinese national who entered the U.S. without inspection and was detained again after parole sought bond. The immigration judge denied jurisdiction, and the BIA affirmed—ruling that such individuals fall under INA § 235(b) and are ineligible for bond under § 236(a). hoppocklawfirm.com • The board clarified that anyone classified under INA § 235(b)—an “applicant for admission” who entered without inspection—must be detained until proceedings conclude, with parole as the only possible exception. Justice.govhoppocklawfirm.com Real Impact and Reactions • Scope: The ruling could affect millions—not just newly arrived individuals, but also long-term residents who lack inspection status. Those previously eligible for bond, even after years in the U.S., now may face mandatory detention. The GuardianThe Economic Times • Criticism: State Attorney General Kwame Raoul (Illinois), along with 19 other state AGs, filed an amicus brief arguing that the policy inflicts “irreparable harms,” wastes taxpayer dollars, and disrupts families and communities. They urge the courts to overturn it. NPR Illinois The Bigger Picture • This ruling builds on an ICE memo (July 2025) directing that unauthorized entrants be detained for the entirety of their removal proceedings, effectively sidelining immigration judge decisions on bond. The GuardianLaw Commentary • It coincides with a $45 billion congressional appropriation aimed at expanding ICE detention infrastructure—highlighting a budgetary and enforcement ramp-up. The GuardianLaw Commentary “Breaking today: A key immigration appeals board decision means that many immigrants who’ve entered the U.S. without inspection may be held indefinitely without access to bond hearings. This ruling could transform the detention landscape overnight—locking up people for the full duration of their deportation cases.

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