Starting in early September 2025, a new court decision on bond hearings prevents millions of undocumented immigrants from requesting their release while they await the outcome of their deportation cases.
This measure represents an unprecedented tightening of immigration laws, as it prevents judges from releasing certain immigrants.
In other words, if a foreigner enters the US without papers and is detained, they will no longer be able to ask the judge for a bond hearing. The only temporary option would be parole.
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What was happening before the new decision on bail hearings was announced?
Before the new ruling, an immigrant detained for entering the United States without papers could apply to post an immigration bond.
If the judge deemed that the suspect was not a flight risk or a danger, he could authorize his release while the trial proceeded.
With the Matter of Yajure Hurtado case, the Board of Immigration Appeals (BIA) put an end to that possibility.
Why did the Board of Immigration Appeals decide this?
The BIA explained that immigration law does not allow judges to grant bonds to those who entered without inspection.
That authority rests solely with the Department of Homeland Security (DHS), which may authorize parole in exceptional cases. Additionally:
- The BIA followed ICE’s directive to keep these immigrants detained throughout the process.
- It determined that holding bond hearings would conflict with what Congress established.
- The ruling seeks to unify criteria and prevent judges in different jurisdictions from issuing inconsistent decisions.
Who is most affected by the new decision?
The main group is migrants who crossed the border without being admitted or inspected by an immigration officer. This includes:
- Immigrants detained by ICE after losing temporary status.
- Pregnant women or mothers with young children who were previously able to request bail.
- Immigrants without criminal records who kept all their immigration appointments.
- Humanitarian parole beneficiaries who now, upon receiving an NTA, could be detained without the right to a bail hearing.
Impact on the Latino immigrant community
The decision hits the Latino community particularly hard, as most entries without inspection occur at the US southern border. This means:
- More families separated,
- A longer time in detention, and
- Greater reliance on DHS discretion.
Community organizations anticipate an increase in demand for legal and humanitarian assistance.
What’s happening now with immigration detentions?
With the new decision, the rules change immediately in immigration courts:
- Immigrants who entered without inspection must remain in detention for the duration of their removal proceedings. This can take months or even years.
- Immigration judges can no longer grant bond.
- The only temporary way out would be a parole approved directly by a DHS official, not a judge.
- This means thousands of families will see their members detained for longer periods of time, increasing pressure for many to accept voluntary deportation.
What does humanitarian or public benefit parole mean?
Parole is a temporary permit granted by DHS to allow a person to leave detention or enter the US in exceptional circumstances. There are two main types:
- Humanitarian parole: Granted for urgent personal reasons, such as a medical emergency, caring for a sick family member, or situations of extreme vulnerability.
- Public Benefit Parole: Granted when the person’s release represents a public or government interest. For example, to serve as a witness in a court case.
In both cases, parole is not a visa or permanent status, but rather a temporary and limited permit.
What legal options exist if a judge can no longer grant bail?
Despite the new restriction, immigrants still have legal alternatives:
- Request parole directly from DHS, preferably with the support of an attorney.
- Present substantive defenses in the process, such as applications for asylum in the US. or cancellation of removal.
- Appeal negative rulings before higher judicial authorities.
- Request administrative reviews when fundamental rights are violated.
For these cases, it is important to know how to appeal an immigration decision, since a well-prepared appeal can change the outcome of the process.
Thousands of families face more uncertainty than ever today
Without a doubt, the recent decision in this case has profoundly changed the reality of many immigrants.
Judges can no longer grant bond to those who entered without inspection. The only option now is to qualify for some form of parole.
We understand how difficult it is to face detention under these circumstances, but you are not alone. At our immigration law firm in New Jersey, we put our experience to work for you. Contact us today, we’re here to help.
