Judge Rules Detained Migrants Must Get Bond Hearings

 Posted on December 12, 2025 in Immigration

A federal judge recently ruled that the Trump administration cannot impose mandatory detention on thousands of immigrants held by U.S. immigration authorities without giving them the opportunity to provide a bond to secure release. A nationwide class of immigrants who were already living in the United States when they were detained is now legally entitled to a hearing to determine whether they can be released on bond while their deportation cases move forward, according to U.S. District Judge Sunshine Sykes in Riverside, CA.

As of a week ago, about 65,000 people were being held in immigration detention across the United States. For thousands of families and asylum seekers, this ruling restores a crucial due-process safeguard. Immigration detention operates in a "gray" area between civil proceedings and punitive penalties. For many detained immigrants, a bond hearing can mean the difference between returning to their families or remaining in detention for months. If you or a loved one is currently in ICE detention, an experienced Lombard, IL immigration attorney may be able to help.  

Why Bond Hearings Are a Legal Battle

Immigration detention is, ostensibly, civil rather than criminal. Despite this, immigrants can be held for long periods while their cases proceed through immigration court. Under the current administration, many categories of immigrants are being denied access to bond hearings based on statutory interpretations of INA Sections 235, 236, and 236A. There are many concerns associated with these practices, in particular:

• There is no individualized review, leading to extended detention.
• The detention standards are applied unevenly across jurisdictions.
• The lack of due process and indefinite detention constitute potential constitutional violations.

Detainees and immigration rights organizations are challenging the current policies, arguing that individuals have a right to a bond hearing to determine whether continued detention is legally justified. The federal judge is ordering that these hearings be provided.

What Did the Federal Judge Order?

Although the details will vary from case to case, the federal judge's order requires bond hearings for immigrants held in extended detention. Immigrants must be given a chance to appear before an immigration judge who will determine whether the individual poses a flight risk or a danger to the community. This move shifts the system back toward individualized review rather than blanket detention. The burden of proof will be placed on the government to justify continued detention.

Under This Latest Ruling, Who Qualifies for a Bond Hearing?

This ruling will impact immigrants who are detained for prolonged periods of time under INA provisions and those who are not subject to mandatory detention for specific criminal convictions. It will also affect those waiting for a resolution of asylum, withholding, or related claims, and those who have no final order of removal. Asylum seekers, especially those detained on arrival, are among the largest groups affected by this ruling. Immigrants with criminal convictions may not be eligible for bond.

The Bond Hearing Process

Bond hearings are not an automatic release; they are a chance to request release. During a bond hearing, the immigration judge will consider whether the immigrant has family members in the U.S., his or her work history, and the level of community ties. If relevant, any evidence of rehabilitation will be considered, along with the likelihood that the individual will attend future hearings.

Finally, the judge will consider whether the individual is a risk to public safety. After weighing all these issues, the judge will either release the individual on bond, release the individual on his or her own recognizance, or deny bond and require continued detention. While the bond amounts will vary, they must be tied to the individual’s ability to pay.  

Contact a Naperville, IL Immigration Lawyer

If you or a loved one is detained by immigration authorities, this new court order may make a bond hearing possible. A knowledgeable Lombard, IL immigration attorney from Mevorah & Giglio Law Offices can help you determine what your best path forward may be. Attorney Mevorah has been serving the needs of immigrants throughout Northern Illinois for more than 40 years. Call 630-932-9100 to schedule your free consultation.