ICE’s Unlawful Expansion of Mandatory Detention

In July 2025, U.S. Immigration and Customs Enforcement (ICE) implemented a sweeping policy change: any noncitizen who entered the United States without inspection—regardless of how long ago—was declared subject to mandatory detention under 8 U.S.C. § 1225(b)(2)(A). This meant:

• No bond hearings
• No opportunity for release
• Indefinite detention while removal proceedings dragged on

ICE’s justification? A broad interpretation of the term “applicant for admission”—claiming it applied to anyone who had ever entered without inspection, even if they had lived in the U.S. for decades.

This policy was wrong. And now, federal courts are saying so.

The Legal Reality: Federal Courts Push Back

On November 1 and November 4, 2025, two federal courts in Georgia issued landmark rulings rejecting ICE’s interpretation of the law.

1. J.A.M. v. Streeval (M.D. Ga., Nov. 1, 2025)

• Holding: The court ruled that § 1225(b)(2)(A) does not apply to long-term residents who are not “arriving aliens.”
• Key Quote: “The plain language of § 1225(b) applies to aliens ‘seeking admission’ at a port of entry or apprehended shortly after entry, not      those who have resided in the United States for decades.”
• Outcome: The petitioner, a Mexican citizen who had lived in the U.S. for over 20 years, was granted a bond hearing.

2. Aguirre Villa v. Normand (S.D. Ga., Nov. 4, 2025)

• Holding: The court rejected ICE’s attempt to retroactively apply mandatory detention to a long-time resident who had previously been granted bond.
• Key Quote: “Section 1225(b)(2)(A) does not mandate detention for aliens present in the United States without admission who are not ‘arriving’ or seeking entry at a port.”
• Outcome: The petitioner, who had lived in the U.S. since 2009, was ordered released under his original $10,000 bond.

These rulings are not isolated. Federal courts across the country are increasingly rejecting ICE’s overreach, finding that long-term residents are not “applicants for admission” and are entitled to bond hearings under 8 U.S.C. § 1226(a).

The Law: What the Statutes Actually Say

8 U.S.C. § 1225(b)(2)(A): Mandatory Detention for “Applicants for Admission”

• Applies to aliens “seeking admission” at a port of entry or shortly after arrival.
• Does not apply to individuals who have resided in the U.S. for years and are not actively seeking entry.

8 U.S.C. § 1226(a): Discretionary Bond Hearings

• Applies to noncitizens already present in the U.S. who are not subject to mandatory detention.
• Entitles detainees to a bond hearing where an immigration judge can consider factors like family ties, employment, and lack of criminal history.

ICE’s policy conflates these two categories—ignoring the law and trapping long-term residents in detention.

How to Fight Mandatory Detention

If you or a loved one is detained under ICE’s new policy, you have legal options. Here’s how to challenge it:

1. Prove You’re Not an “Applicant for Admission”

• Long-term residence: If you’ve lived in the U.S. for years, you are not “seeking admission.”
• Prior release: If ICE released you before 2025 (e.g., on your own recognizance or parole), they already determined you were not a flight      risk or danger. They cannot retroactively change that.
• No border arrest: If you were not arrested at a port of entry or shortly after crossing, § 1225(b)(2)(A) does not apply to you.

2. File a Habeas Petition or Bond Motion

• Habeas Corpus: File a petition in federal court challenging your detention as unlawful. Recent rulings (like J.A.M. and Aguirre Villa)      provide strong legal precedent.
• Bond Motion: Request a bond hearing in immigration court, arguing that you are eligible for release under § 1226(a).

3. Argue Due Process Violations

• Retroactive Application: ICE’s policy is being applied retroactively to people who relied on prior releases. Courts have ruled this violates due process.
• Indefinite Detention: Prolonged detention without a hearing is unconstitutional. Federal courts have repeatedly held that detainees are entitled to individualized bond hearings after six months.

4. Demand a Low, Reasonable Bond

• Typical  Bond Amounts: For detainees with strong community ties and no criminal history, bonds of $1,500–$10,000 are realistic.
• Factors Judges Consider:
  • Length of residence in the U.S.
  • Family ties (e.g., U.S. citizen children, spouse)
  • Employment history
  • Lack of criminal record
  • Compliance with prior immigration orders

   

Who Qualifies for Release?

You may have a strong case if any of the following factor apply to you.

• You have lived in the U.S. for 5+ years.
• You were previously arrested or detained and then released by ICE (e.g., on your own recognizance, parole, or bond).
• You have no criminal record or only minor offenses.
• You were not arrested at the border or shortly after entry.
• You have strong ties to the community (family, job, home).

Why Act Now?

• ICE’s policy is under legal attack. Federal courts are ruling against it  every week—but the window to file may not stay open forever.
• Detention gets harder the longer you wait. Ongoing detention weakens your case, disrupts your life and puts you at risk of removal.
• You have rights. The law is on your side—if you fight back.