Share and Follow

In McAllen, Texas, a federal judge based in California has broadened a significant ruling that allows more detained immigrants to seek bond hearings, following the cessation of this practice by the Trump administration in July. Legal experts suggest that this order could potentially benefit thousands, though it is anticipated that the decision will face an appeal.
On Tuesday, U.S. District Judge Sunshine S. Sykes extended her previous week’s ruling, which initially permitted detained immigrants with clean criminal records to request bond hearings. This expansion now means the ruling will impact immigrants in detention across the entire nation, not just the specific individuals involved in the California lawsuit.
This development is part of a larger legal challenge against policy shifts implemented by the Trump administration over the summer. At that time, U.S. Immigration and Customs Enforcement announced it was reassessing its detention authority, which involved eliminating the eligibility for noncitizens to have bond hearings before immigration judges.
Before these policy changes, most noncitizens without criminal backgrounds, who were apprehended away from border areas, had the possibility to request a bond hearing. If they were granted bond, they could remain free while their immigration cases proceeded through the courts.
Judge Sykes issued an order last Thursday, declaring the recent policy changes unlawful, thereby reinstating the previous practice of allowing bond hearings for eligible detainees.
A spokesperson for the Department of Homeland Security, Tricia McLaughlin, released a statement Wednesday that pointed to a September decision from the Justice Department’s Board of Immigration Appeals allowing the new policy.
She said the previous policy “dangerously unleashed millions of unvetted illegal aliens into American communities—and they used many loopholes to do so.”
Her statement did not say whether Sykes’ decision would be appealed and the department did not respond to questions on the matter.
Tuesday’s decision could impact thousands of immigrants but not all. Those with criminal convictions or who have an expedited removal order would still not be allowed a bond hearing.
Matt Adams, lead attorney for the plaintiffs, said he has heard of immigration judges already advising some immigrants of their right to a bond hearing since Sykes’ orders were filed.
“These are people who’ve been living here in the United States, many for years, many for decades, who have U.S. citizen family members, who have no criminal history, who do not present any danger or threat of a flight risk, and yet they were being locked up without any possibility of being released during these lengthy proceedings,” Adams said.