WASHINGTON, July 14 — The Trump administration is taking steps to dramatically expand the detention of undocumented immigrants by limiting their access to bond hearings, according to an internal government memo. The policy shift could significantly increase the number of people held in immigration custody and intensify legal challenges around detention practices.
Under new guidance issued by U.S. Immigration and Customs Enforcement (ICE), individuals who crossed the border illegally and are fighting deportation may no longer be eligible for bond hearings. The memo outlines a reinterpretation of existing immigration law to treat certain provisions as strict “prohibitions on release,” effectively keeping more migrants behind bars while their cases are processed.
The policy is seen as part of President Donald Trump’s broader immigration crackdown and aligns with his recent promises of mass deportations. Trump has repeatedly criticized the high levels of illegal immigration during President Joe Biden’s term and is now taking action to reverse policies implemented under the previous administration.
Earlier this month, Congress approved a new spending measure that funds the detention of at least 100,000 individuals — a sharp increase from the record-high 58,000 people held as of late June.
The internal guidance, dated July 8 and signed by ICE acting director Todd Lyons, advises agency attorneys to argue for continued detention in immigration court, even when bond eligibility is questioned. The memo notes that the policy shift is “likely to be litigated,” hinting at expected legal battles over the new interpretation.
Critics say the new approach could upend long-standing legal norms. Tom Jawetz, a former senior official at the Department of Homeland Security during the Biden administration, called the move “a radical departure that could explode the detention population.”
The Department of Homeland Security and ICE have not publicly commented on the new policy.
