A Major Victory for Detained Immigrants: Fourth Circuit Rules That Entering the United States Without Inspection Does Not Automatically Bar Immigration Bond

For many immigrants and their families, being arrested by Immigration and Customs Enforcement (ICE) creates an immediate crisis. A husband or wife may be separated from a spouse, children may suddenly find themselves without a parent, and families may face enormous uncertainty about whether their loved one will remain detained throughout immigration proceedings. One of the first and most important questions families ask is whether the detained individual can be released on immigration bond. Until recently, the answer was often complicated by a major shift in the federal government’s interpretation of immigration detention laws.

On September 10, 2026, the United States Court of Appeals for the Fourth Circuit issued an important decision in Lopez Garcia v. Guadian, holding that individuals who entered the United States without inspection but have lived in the country for years are not automatically subject to mandatory detention under Section 235 of the Immigration and Nationality Act (INA). Instead, their detention is generally governed by Section 236, which allows eligible individuals to seek release on immigration bond. The decision provides significant protection for detained immigrants, particularly those living in Maryland, Virginia, North Carolina, South Carolina, and West Virginia, the five states within the Fourth Circuit’s jurisdiction.