The Trump administration has implemented a new policy that disallows immigrants who enter the U.S. illegally from being eligible for bond hearings, marking a significant shift from previous practices.

Previously, immigrants could request bond hearings to argue for their release, even if they had lived unlawfully in the U.S. for years, but this option has now been removed, leaving detention at the discretion of ICE.

The new policy follows a reevaluation by the Department of Homeland Security and the Justice Department, which concluded that these migrants may not be released from ICE custody, and was announced shortly after the departments aligned on legal interpretations.

The policy was officially announced on July 8, 2025, shortly after Congress allocated $45 billion to ICE for expanding detention capacity to over 100,000 beds per day, with the goal of detaining more migrants during removal proceedings.

ICE officials claim the policy aims to close legal loopholes and ensure all unlawfully entering individuals are treated equally under the law, emphasizing a focus on national security.

This crackdown has sparked various responses, including legal challenges, protests, and concerns about the treatment of detainees, especially in facilities like the newly built 'Alligator Alcatraz' in the Everglades.

Supporters, including the Center for Immigration Studies, argue that detention increases the likelihood of deportation, with figures like Mark Krikorian asserting it’s a more effective approach.

Legal experts and immigration advocates warn that the new policy will face significant legal challenges, with some judges already accepting government arguments for mandatory detention, while others have granted bond hearings.

Critics highlight that the policy disproportionately affects long-term residents with U.S. family ties and could lead to human rights violations, raising alarms about due process.

The Department of Homeland Security has emphasized its commitment to removing 'criminals and lawbreakers,' supported by a substantial budget for new detention centers, reflecting the administration’s tough stance on immigration.

Meanwhile, organizations like the ACLU have filed objections against policies removing non-citizens from programs like Head Start, which could displace thousands of migrant children.

The new policy grants immigration authorities greater discretion to detain individuals, including those with deep U.S. roots, and mandates detention throughout their removal process, regardless of how long they have lived in the country.