At US-ILC, we listen, we care, we deliver: Let our 89 years of combined experience help you to navigate the complexities of immigration law!
By now, it has become clear that immigration detention is being expanded in the U.S. The government is having new facilities built in places such as in Texas and Florida, and many more undocumented immigrants are being detained in cities all over the U.S. Immigration and Customs Enforcement has even been given additional funding to open new facilities and increase detentions to 100,000 noncitizens per day.
What Is the New Mandatory Detention Ruling?
The Board of Immigration Appeals recently ruled that migrants who were detained after entering the United States without inspection are no longer eligible for release on bond. This ruling does not take into account factors such as age, a U.S. citizen spouse or child, long-term residence in the country, or a clean criminal record.
Previously, only undocumented immigrants with serious criminal convictions were subject to mandatory detention and ineligible for bond. Now, under the new rule, any undocumented immigrant who entered the U.S. without inspection and is apprehended by ICE at any time will face mandatory detention and they will not be eligible for bond.
In the past, detained undocumented immigrants could ask an immigration judge to release them on bond if they had lived in the U.S. for at least two years. This policy was based on Department of Justice guidance. Now, immigration judges no longer have the authority to issue bonds to detainees who entered without inspection, even if they are not a threat to the public and have strong community ties, including a spouse and U.S.-born children. Even though a detainee can be released back into the public if the Department of Homeland Security grants them a parole, it is unlikely to happen.
Who Is Subject to Mandatory Detention?
The mandatory detention ruling will affect detained undocumented immigrants who entered the U.S. between ports of entry, even if they currently have pending immigration cases. This group includes:
- Asylum seekers
- Undocumented immigrants who were paroled into the US
- Undocumented immigrants with pending marriage-based cases
- Long-term residents
Bear in mind that this new rule only affects those who entered the country illegally without inspection. It does not apply to those who entered legally but later overstayed their visas.
What Is the Impact of Mandatory Detention?
This ruling will affect millions of undocumented immigrants who are currently detained, as well as those who may be detained in the future, since they will be required to undergo removal proceedings while in custody. These proceedings can take months or even years. The only alternatives available will be to request voluntary departure or receive a removal order and be deported back to their home country. They will not be allowed to return to their families at any point. The number of undocumented immigrants held indefinitely in detention centers will also rise, as they will not be permitted to seek bonds.
The new policy has already faced pushback. Immigration advocates have denounced the new ruling, arguing that it goes against due process because detainees will be denied a bond hearing and instead held indefinitely based solely on their immigration status. Advocates also believe this move could push undocumented immigrants in removal proceedings to self-deport, even if they have strong immigration cases.
What Can You Do?
If you are an undocumented immigrant who entered the U.S. illegally, or if you have questions regarding another immigration matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
