New ICE Memo Blocks Bond Hearings for Millions of Undocumented Immigrants in Removal Proceedings

On July 8, 2025, ICE Acting Director Todd Lyons issued a sweeping internal memo that officially bars millions of undocumented immigrants from obtaining bond hearings. Instead, the policy mandates mandatory detention throughout the entire duration of removal proceedings—potentially lasting months or even years—even for individuals who entered the U.S. decades ago and have no criminal record. In the memo, Lyons interprets a 1996 immigration statute to eliminate bond eligibility for anyone who entered without inspection, effectively reversing long-standing practice and transferring release authority exclusively to ICE discretion via parole.

If you find yourself facing removal for unlawful entry or any other reason, it is more important than ever to get advice and representation from a skilled and experienced immigration lawyer. In New York, contact Gladstein & Messinger, P.C., to speak with a dedicated and successful deportation defense attorney.

Why This Policy Alarms Experts

The shift comes amid a massive expansion of ICE’s detention infrastructure: Congress has allocated approximately $45 billion toward expanding capacity from around 40,000 to 100,000 beds over the next four years. ICE itself is reportedly planning for up to 100,000 detainees, with agents increasingly selecting detention over release, even for individuals with deep U.S. roots, families, and steady community ties. Critics are already raising constitutional alarms, contending that this measure violates due process and habeas corpus by denying fundamental judicial review.

Immigration attorneys and civil rights advocates have voiced immediate concerns. As the New Republic stated, the policy opens the door to the indefinite detention of millions, overriding judges’ ability to assess flight risk or danger to the community. In practice, individuals once eligible to request release on bond by demonstrating community ties and low risk now face an uphill battle. The power is placed with ICE officers alone, who may choose to “parole” detainees at their discretion, undermining judicial oversight.

Legal precedents once allowed those with no criminal background to obtain bond hearings. But as reported by CBS and The Washington Post, under this new policy even long-term residents will be detained and unable to make their case before a judge. This shift disproportionately impacts individuals with strong U.S. ties, such as families, U.S.-born children, and employment, who now face months or years in ICE-run or privately operated detention centers like “Alligator Alcatraz” or GEO Group facilities.

Real‑World Consequences: Bay Area Case Study

In California’s Bay Area, recent reporting has illustrated the human toll. Individuals like a Peruvian asylum-seeker and a Salvadoran with a pending legal claim remain detained in remote facilities despite having clean records and ongoing legal claims. Detainees often lack timely access to lawyers, which is crucial for filing “credible fear” interviews, because ICE transports them hundreds of miles from major cities. The result: access to justice is cut off, and release becomes nearly impossible.

What This Means If You’re Facing Removal Proceedings

For undocumented individuals in removal proceedings, this policy presents a harsh reality: there is now no automatic right to bond hearings. Unless ICE chooses to parole a detainee, release while awaiting court dates is off the table. This matters tremendously for people with U.S.-born family members, jobs, and community involvement who would previously argue for bond based on low flight risk and significant hardship from detention. With the risk of prolonged incarceration in isolation far from support networks, detention hampers the individual’s ability to consult with attorneys, gather evidence, and participate in their defense, as well as access trauma-informed medical or psychiatric care.

What You Can and Should Do Now

In this environment, it’s more crucial than ever to take proactive steps:

1. Know Your Rights in Detention: You are entitled to speak with a lawyer and challenge detention decisions, even if judges can no longer grant bond. Habeas corpus petitions may still apply.

2. Document Community Ties Thoroughly: Evidence of family relationships, employment, volunteer work, and history of U.S. presence helps legal counsel petition for parole or other forms of release.

3. Legal Representation Is Essential: A knowledgeable removal defense lawyer can submit parole requests to ICE, prepare habeas petitions, and monitor deadlines for credible fear interviews, relief applications, or appeals.

4. Stay Connected: Loved ones should maintain open communication with detained individuals, help them access counsel, and consider working with community organizations to support legal filings and advocacy.

Why You Need a Removal Defense Lawyer More Than Ever

In this unprecedented crackdown, an experienced immigration attorney could be the difference between freedom and indefinite detention. At Gladstein & Messinger, P.C., our deportation defense lawyers are experienced in:

• Pursuing parole and release petitions within ICE,
• Filing habeas corpus actions when bond denial persists,
• Presenting strong cases for relief, whether through removal defense, asylum, or adjustment of status,
• Combatting illegal detention and advocating for due process rights.

When bond hearings are no longer automatic, every legal strategy counts. We guide clients and families through every step, ensuring critical documentation, timely filings, and advocacy on their behalf.

Take Action Now – Contact Gladstein & Messinger Today

If you or a loved one faces detention:

• Contact an immigration lawyer immediately, even at the arrest or detention stage.
• Prepare documentation that demonstrates U.S. community ties and individualized reasons for release.
• Advocate for yourself or your family member’s rights. ICE detention centers and remote facilities do not have to be the final word.

At Gladstein & Messinger, P.C., we are deeply committed to defending due process and humanizing removal proceedings. Contact us today so we can begin building your strongest possible case.