ICE says many in immigration detention no longer qualify for bond hearings

… {"@context":"https:\/\/schema.org","@type":"NewsArticle","articleBody":"The Trump administration has dramatically curtailed the ability for those facing deportation to be released from immigration detention, its latest effort to expand the scope of its sweeping immigration crackdown, sources briefed on the policy change told CBS News.By reinterpreting an immigration law from the 1990s, Immigration and Customs Enforcement is now instructing officials to argue in immigration court that detainees facing deportation are not eligible to be released on bond if they entered the U.S. illegally.Previously, ICE\u0027s mandatory detention policy was generally limited to recent border-crossers and noncitizens convicted of certain crimes.Immigrants who had lived in the U.S. unlawfully for years were eligible for bond hearings and the opportunity to persuade an immigration judge that they were not flight risks and should be allowed to fight their deportation outside of a detention center. But under the policy shift, their only avenue to be released would be if ICE officials \u2014 not immigration judges \u2014 agree to \"parole\" them out of custody.The policy change last week came about after the Department of Homeland Security \"revisited its legal position on detention and release authorities,\" in coordination with the Justice Department, according to one of the sources, who read portions of a memo outlining the shift.According to the source, the memo says all noncitizens who were not formally admitted into the U.S., and entered between or at ports of entry, face detention under Section 235 of the Immigration and Nationality Act, which says those subject to it \"shall be detained.\"The Washington Post first reported the new detention rules.\u00a0In a statement Tuesday, ICE confirmed the new guidance, saying all \"aliens seeking to enter our country in an unlawful manner or for illicit purposes shall be treated equally under the law, while still receiving due process.\"\"The recent guidance closes a loophole to our nation\u0027s security based on an inaccurate interpretation of the statute,\" ICE said. \"It is aligned with the nation\u0027s long-standing immigration law.\"DHS spokeswoman Tricia McLaughlin said President Trump and Secretary Kristi Noem \"are now enforcing this law as it was actually written to keep America safe.\"\"Politicians and activists can cry wolf all they want, but it won\u0027t deter this administration from keeping these criminals and lawbreakers off American streets \u2014 and now thanks to the Big Beautiful Bill, we will have plenty of bed space to do so,\" she added.The One Big Beautiful Bill Act, signed into law by Mr. Trump earlier this month, allocated an unprecedented amount of money towards immigration enforcement and border security, with $75 billion given to ICE alone.Administration officials have said they plan to use the massive funding infusion to hire 10,000 deportation officers and give ICE the ability to hold more than 100,000 detainees at any given time. On Tuesday morning, ICE was holding more than 58,000 detainees facing deportation, according to internal agency data shared with CBS News.Greg Chen, the head of government relations at the American Immigration Lawyers Association, said ICE officials in more than a dozen immigration courts have been telling judges in recent days that the new policy change requires the detention of those who entered the country illegally, irrespective of how recently.\"This automatic detention rule means hundreds of thousands of people will be deprived of their liberty, even if there\u0027s no need for them to be detained,\" Chen said.","dateModified":"2025-07-15T13:23:50-0400","articleSection":["Politics"],"author":[{"@type":"Person","name":"Camilo Montoya-Galvez","url":"https:\/\/www.cbsnews.com\/team\/camilo-montoya-galvez\/","description":"Camilo Montoya-Galvez is the Immigration Correspondent at CBS News, where his reporting is featured across multiple programs and platforms, including national broadcast shows, CBS News 24\/7, CBSNews.com and the organization\u0027s social media accounts.\r\n\r\nMontoya-Galvez has received numerous awards for his groundbreaking and in-depth reporting on immigration, including a national Emmy Award, the Alfred I. duPont-Columbia University Award and several New York Emmy Awards.\r\n\r\nOver several years, he has built one of the leading and most trusted national sources of immigration news, filing breaking news pieces, as well as exclusive reports and in-depth feature stories on the impact of major policy changes.\r\n\r\nMontoya-Galvez was the first reporter to obtain and publish the names of the Venezuelan deportees sent by the U.S. to a notorious mega-prison in El Salvador, with little to no due process. Using that list, he co-produced a "60 Minutes" report that found most of the deported men did not have apparent criminal records, despite the administration\u0027s claims that they were all dangerous criminals and gang members. Montoya-Galvez was also the first journalist to interview Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia, who was wrongfully deported to El Salvador and imprisoned at the CECOT prison.\r\n\r\nIn 2025 alone, Montoya-Galvez broke dozens of other exclusive stories. He disclosed the internal Trump administration plan to revoke the legal status of hundreds of thousands of migrants from Cuba, Haiti, Nicaragua and Venezuela; landed the first national network sit-down interviews with the current heads of ICE and Border Patrol; and obtained government data showing that illegal crossings along the U.S.-Mexico border in fiscal year 2025 plummeted to the lowest level since 1970 amid Trump\u0027s crackdown.\r\n\r\nMontoya-Galvez\u0027s North Star is to cover immigration with nuance and fairness, in a nonpartisan, comprehensive and compelling way that respects the dignity of those at the center of this story.\r\n\r\nBefore joining CBS News, Montoya-Galvez spent over two years as an investigative unit producer and assignment desk editor at Telemundo\u0027s television station in New York City. His work at Telemundo earned three New York Emmy Awards. Earlier, he was the founding editor of After the Final Whistle, an online bilingual publication featuring stories that highlight soccer\u0027s role in contemporary society.\r\n\r\nMontoya-Galvez was born in Cali, Colombia\u0027s third-largest city, and raised in New Jersey. He earned a bachelor\u0027s degree in Media and Journalism Studies and Spanish from Rutgers University."}],"mainEntityOfPage":{"@type":"NewsArticle","@id":"https:\/\/www.cbsnews.com\/news\/ice-immigration-detention-bond-hearings\/","inLanguage ":"en","name":"ICE says many in immigration detention no longer qualify for bond hearings","headline":"ICE says many in immigration detention no longer qualify for bond hearings","description":"The Trump administration has dramatically curtailed the ability for those facing deportation to be released from immigration detention.","isAccessibleForFree":true},"headline":"ICE says many in immigration detention no longer qualify for bond hearings","description":"The Trump administration has dramatically curtailed the ability for those facing deportation to be released from immigration detention.","url":"https:\/\/www.cbsnews.com\/news\/ice-immigration-detention-bond-hearings\/","image":{"@type":"ImageObject","height":630,"width":1200,"url":"https:\/\/assets1.cbsnewsstatic.com\/hub\/i\/r\/2025\/07\/15\/cefe3386-d7f6-4b14-a3e9-15548341d2b7\/thumbnail\/1200x630g2\/40150f275f46719b9cc5cb89524d9b11\/gettyimages-2223996820.jpg"},"thumbnailUrl":"https:\/\/assets1.cbsnewsstatic.com\/hub\/i\/r\/2025\/07\/15\/cefe3386-d7f6-4b14-a3e9-15548341d2b7\/thumbnail\/1200x630g2\/40150f275f46719b9cc5cb89524d9b11\/gettyimages-2223996820.jpg","datePublished":"2025-07-15T12:51:00-0400","publisher":{"@type":"NewsMediaOrganization","@id":"https:\/\/www.cbsnews.com\/","name":"CBS News"}} …