The last major overhaul of American immigration law was via the Immigration Act of 1990 and later by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. But that was decades ago, and there’s been no will from Congress to revamp it since then. Instead, presidents have used their executive powers to interpret the law to fit their political agenda. However, the Trump administration has abandoned the law as it exists. Trump is rewriting the rules that would allow ICE to exercise maximum cruelty and dehumanization toward immigrants.
Over the last six months, ICE has served as the main weapon in the Trump administration’s mass deportation push. According to The Washington Post, acting ICE director Todd Lyons issued a memo on July 8 that ordered officers to hold immigrants in their custody for as long as it takes. He added that immigrants who have an immigration bond hearing may not be released from ICE custody.
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What is an Immigration Bond Hearing?
An immigration bond hearing in the US allows a person detained by ICE to argue for their release while awaiting a decision on their deportation case. The hearing is conducted by an immigration judge, who assesses factors such as whether the person poses a danger to the community, is likely to appear for future court proceedings, or poses any national security risk.
An immigration bond hearing is generally informal, with no recording procedure. It is separate from an immigration court’s case, and includes oral statements from both parties. During the bond hearing, an immigration judge will set a bond amount. If a bond amount is granted, then the detainee can pay the bond and be released from the detention center. If not, the detainee must remain in custody and wait for the judgment on their immigration case. The bond amount is set as a financial guarantee that the person will return for future court dates. If they do, the money is returned. If not, the bond is forfeited.
However, under the new ICE directive, people who cross illegally will not have access to an immigration bond hearing unless DHS grants an exception.
What Does Ending Bond Hearings Mean for Migrants?
ICE’s new policy seeks to “supercharge” the administration’s already sweeping campaign of arrests and deportations, as ICE has received billions of dollars to increase the number of migrants in detention. Previously, migrants were typically allowed to request an immigration bond hearing before an immigration judge. But the Department of Homeland Security has “revisited its legal position on detention and release authorities.”
The new policy will apply to millions who have lived in the United States for decades, and many of them will have children who are American citizens. Migrants “may not be released from ICE custody” except in rare instances where an immigration officer releases them on parole. That decision will not be made by a judge, but by the DHS. Lyons also mentioned in the leaked memo that ICE might face legal challenges while applying this policy.
Immigration advocates argue that denying migrants an immigration bond hearing will make it more challenging to fight their case. Many of the immigrants will be waiting in the detention facilities, where communicating with an attorney is a problem, such as Florida’s “Alligator Alcatraz.”
Activists fear that removing access to an immigration bond hearing will increase the likelihood of long-term, potentially indefinite detention for millions of migrants. This will place the release decisions solely in ICE’s hands, and could overwhelm detention facilities while raising significant legal and humanitarian concerns.
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