Bond Eligibility and Habeas Petitions

For years, most people held in Immigration and Customs Enforcement (ICE) detention could ask an immigration judge for a bond hearing. A bond is money paid to the government to allow someone to be released from detention while their immigration case continues. However, there were always several narrow exceptions — mainly people with certain criminal convictions or those going through a fast-track removal process called “expedited removal” — that rendered individuals subject to mandatory detention and ineligible for bond.

However, in January 2025, the Trump Administration changed its interpretation of immigration law. Under this new view, anyone who entered the U.S. without inspection is no longer eligible for bond, even if they have years of residence and close ties to the United States. This argument represents a major shift and reflects the aggressive immigration enforcement tactics being pursued by the Department of Homeland Security (DHS).

Over the last few months, immigration judges were split on how to address this change: some followed this new interpretation and denied bond, while others still granted bond. Not any more.

On September 5, 2025, the Board of Immigration Appeals (BIA) issued Matter of Yajure-Hurtado. This decision agreed with DHS’s new interpretation and holds that anyone who entered the U.S. without inspection by an immigration officer is not eligible for bond. Since then, most immigration judges have stopped granting bonds for these cases, and DHS has appealed any decisions that still do.

Because of this change, many attorneys are now filing federal habeas corpus lawsuits to fight for the release of detainees. These habeas petitions are legal actions that require the government to justify the detention to a federal judge. These petitions are intended to protect individual freedom by ensuring that no one is held in custody unlawfully. Several federal courts nationwide adjudicating habeas petitions have ordered ICE to release detained individuals, even after the BIA’s decision. If your loved one is in ICE detention and entered the U.S. without inspection, filing a habeas petition might be the only way to get them released. It’s important to contact an immigration attorney as soon as possible to see if this option is available.