ICE Aims to Double Detention Capacity to 100,000 Daily by Ending Migrant Bond Hearings

Washington D.C. – The Trump administration has implemented a sweeping new policy, effectively making undocumented immigrants ineligible for bond hearings, a move expected to significantly increase the number of individuals held in U.S. Immigration and Customs Enforcement (ICE) custody. The directive, outlined in a July 8 memo from ICE Acting Director Todd Lyons, instructs officers to detain immigrants who entered the United States illegally "for the duration of their removal proceedings," which can span months or even years. This marks a substantial departure from previous practice where many immigrants could request a bond hearing before an immigration judge.

Acting Director Lyons articulated the administration's rationale, stating, "We saw so many people that were apprehended illegally coming through the border & then using the bond system just to go ahead and be released out into the community." According to the memo, the Departments of Homeland Security and Justice have "revisited its legal position on detention and release authorities" and determined that such immigrants "may not be released from ICE custody," with rare exceptions for parole decided solely by an ICE officer, not a judge.

The policy change is projected to affect millions of immigrants, including many long-term residents with deep community ties. This comes days after Congress approved a $45 billion funding package for ICE, intended to expand the agency's detention capacity to 100,000 beds daily, more than double the current approximate 40,000. Critics argue this expansion, coupled with the new bond hearing ban, will lead to mass indefinite detention.

Immigration lawyers and advocacy groups have swiftly condemned the policy, citing concerns over due process and potential constitutional violations. Greg Chen, senior director of government relations for the American Immigration Lawyers Association, stated that the policy is "requiring the detention of far more people without any real review of their individual circumstances." Experts anticipate significant legal challenges, as the directive appears to expand a legal standard historically applied to recent border crossers to a much broader population.

Despite the widespread criticism, an ICE spokesperson affirmed the new guidance "closes a loophole to our nation’s security based on an inaccurate interpretation of the statute" and is "aligned with the nation’s longstanding immigration law." The administration maintains that the measure is necessary to enforce immigration laws as written and enhance national security, preparing for anticipated lawsuits as the policy takes effect across the country.