-
Original Date Announced
July 8, 2025Acting Immigration and Customs Enforcement (ICE) Director Todd Lyons issued a memo stating that the Department of Homeland Security (DHS) "has revisited its legal position on detention and release authorities. DHS has determined that section 235 of the Immigration and Nationality Act (INA), rather than section 236, is the applicable immigration detention authority for all applicants for admission . . . Effective immediately, it is the position of DHS that such aliens are subject to detention . . . and may not be released from ICE custody except by INA § 212(d)(5) parole . . . These aliens are also ineligible for a custody redetermination hearing ('bond hearing') before an immigration judge."
According to the memo, DHS is not taking the position that prior releases of applicants for admission now believed to be subject to mandatory detention under INA 235 should be deemed releases on parole under INA § 212(d)(5).
Trump 2.0 [ID #1855]
2025.07.08 ICE - Interim Guidance Regarding Detention Authority for Applicants for AdmissionEffective Date
July 8, 2025Current Status
NoneOriginal Trump Policy Status
Status: Reported Final/Actual In LitigationTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: DetentionAssociated or Derivative Policies
- April 6, 2018 Government delays bond hearings for asylum seekers
Documents
Trump-Era Policy Documents
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2025.07.15: ICE declares millions of undocumented immigrants ineligible for bond hearings - Washington Post
The Washington Post reports that ICE's policy change will apply to millions of immigrants who crossed the U.S.-Mexico border over the past few decades and now reside in the U.S. According to the American Immigration Lawyers Association, immigration courts have been denying bond hearings to immigrants in more than a dozen immigration courts, including in New York, Virginia, Oregon, North Carolina, Ohio, and Georgia.
Go to article