State of Habeas Litigation

The Trump administration drastically changed its interpretation of immigration law as it relates to the eligibility for bond for certain noncitizens in immigration detention. Under its interpretation, anyone who entered the U.S. without inspection is no longer eligible for bond, even if they are eligible for relief, do not have any criminal history, resided in the United States for decades, are likely to appear in immigration court, and have relatives with lawful status in the United States.

In reaction to the BIA’s Matter of Yajure Hurtado decision, which implemented the Trump administration’s policy goal, hundreds of petitions for writ of habeas corpus were filed in federal district courts nationwide, challenging the new so-called “no-bond” policy.

The overwhelming majority of district court judges sided with noncitizen detainees in ruling that the no-bond policy violates detainees’ constitutional rights and the Immigration and Nationality Act (INA). Accordingly, many detainees were able to secure bond hearings and ultimately their release from detention.

On November 25, 2025, in Bautista v. Santacruz, the U.S. District Court for the Central District of California granted declaratory relief to an entire class of noncitizens who were held pursuant to this unlawful policy, holding that they should be entitled to bond hearings. Sadly, immigration courts outside of the Central California district have interpreted the decision to be only binding in Central California. Accordingly, as of the time of publication, noncitizens who entered without inspection who are detained by ICE still need to file a petition for writ of habeas to be eligible for release.

Additionally, the U.S. government is also appealing grants of habeas to federal circuit courts, likely seeking to escalate this matter to the U.S. Supreme Court. This legal battle will likely take several years to resolve and consequentially noncitizens subject to this policy will continue to face significant legal hurdles and confusion that did not exist before the current Trump administration.