A federal appeals court rejected the government’s policy of denying bond to individuals detained during immigration enforcement operations. The ruling applies even to individuals without a criminal record or who have lived in the country for years. The decision represents a major victory for immigration due process.
The government’s justification for denying bond rests on a 1996 immigration law mandating detention for noncitizens seeking admission at the border. For decades, individuals already living inside the U.S. were not treated as subject to that mandatory detention provision. That changed when Immigration and Customs Enforcement (ICE) adopted a new interpretation of the law in July 2025.
According to Politico, ICE declared that anyone targeted in its enforcement operations is subject to mandatory detention without bond. The Board of Immigration Appeals (BIA) reinforced the policy in September 2025. However, over four hundred federal judges have rejected the new position since then. The Second Circuit’s decision in Cunha v. Freden marks a major blow to the government’s plans.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.