Instead, the only way for detained immigrants to seek release is through parole, which is handled by immigration officers—not judges. The rule applies broadly, even to long-term residents who entered without inspection. Critics argue that this denies immigrants due process and unfairly expands the government’s power to keep people locked up.
In September 2025, the Board of Immigration Appeals (BIA) confirmed the policy in a precedential ruling, stating that immigration judges lack jurisdiction to grant bond under Section 235(b)(2) of the Immigration and Nationality Act. This decision effectively makes ICE’s policy the law inside immigration courts.
Why This Matters
- No bond hearings means many immigrants may face indefinite detention.
- Parole decisions are left entirely to ICE officers, which can lead to inconsistent outcomes.
- Families are at risk of being separated for months or years while cases work through the
system.
For immigrants and their loved ones, these changes raise the stakes higher than ever. If you or someone you know is affected, it is critical to work with an experienced immigration attorney who can explore every available option for release.
