Federal Judge Expands Nationwide Access to Bond Hearings for Detained Immigrants — Thousands Could Benefit

A federal judge in California has broadened a ruling to restore the ability of many detained immigrants to request bond hearings, reversing a policy change implemented this summer that had limited those hearings. The expansion, ordered by U.S. District Judge Sunshine S. Sykes, now applies nationwide rather than only to a small group of named plaintiffs.

The decision came in a lawsuit challenging an announcement by U.S. Immigration and Customs Enforcement that it was revisiting its authority to detain noncitizens and would make many ineligible for bond hearings before immigration judges. Before the agency’s policy shift, most noncitizens without criminal records who were arrested away from the border could seek a bond hearing and, if released on bond, remain free while their cases proceeded.

What the ruling does

Judge Sykes’ order restores the right of detained noncitizens with no criminal history to request bond hearings nationwide. The ruling does not apply to people with criminal convictions or to individuals subject to expedited removal orders; those groups remain ineligible for bond hearings under the court’s order.

The expansion could affect thousands of detained immigrants, according to attorneys for the plaintiffs. Some immigration judges have already begun informing detainees about their ability to seek bond hearings since the judge’s orders were issued.

“These are people who’ve been living here in the United States, many for years, many for decades, who have U.S. citizen family members, who have no criminal history, who do not present any danger or threat of a flight risk, and yet they were being locked up without any possibility of being released during these lengthy proceedings,” said Matt Adams, lead attorney for the plaintiffs.

The Department of Homeland Security pointed to a September decision by the Justice Department’s Board of Immigration Appeals that authorized the new approach and defended the earlier agency policy. DHS spokesperson Tricia McLaughlin said the previous policy change was intended to address what the department described as risks from unvetted arrivals. Her statement did not indicate whether the government will appeal Judge Sykes’ expanded order, though an appeal is widely expected.

Next steps and implications

If the government appeals, higher courts could stay the nationwide effect while the case proceeds. For now, many detainees without criminal records may be able to request bond hearings and potentially secure release while their immigration cases move through the courts. The ruling represents a significant check on the agency’s recent detention policy and underscores continuing legal challenges to changes in immigration enforcement.