ICE’s New Bond Hearing Policy: What It Means for Immigrants and the Path Forward

In a significant shift in U.S. immigration policy, the acting director of Immigration and Customs Enforcement (ICE), Todd M. Lyons, issued a memo on July 8, 2025, directing that immigrants who entered the U.S. illegally should be detained “for the duration of their removal proceedings.” This policy change is expected to impact millions of undocumented immigrants, many of whom have lived in the United States for decades, and has far-reaching implications for their futures.

Under previous immigration practices, immigrants residing in the U.S. were generally allowed to request bond hearings to determine if they could remain free while awaiting deportation proceedings. This practice offered many individuals a chance to fight their cases from within their communities and alongside their families. However, with the new directive, many immigrants now face extended periods of detention without a hearing, creating even greater obstacles for individuals already in vulnerable positions.

This policy change has left many families uncertain about what lies ahead and raises serious questions about fairness and due process. While the Biden administration has shifted the tone on immigration enforcement, this move by ICE undercuts some of the more lenient policies put in place during the past administration. Here’s what you need to know about the new policy, who it affects, and the challenges that lie ahead.

The Change in ICE’s Policy

Historically, unauthorized immigrants living in the U.S. were eligible for bond hearings, except in specific circumstances such as criminal convictions or national security concerns. The ability to request bond hearings provided a way for immigrants, even if they had entered the U.S. unlawfully, to stay in their homes and communities while they awaited a decision on their deportation case. Under this system, immigrants could continue to work, support their families, and fight their cases with proper legal representation.

Now, however, the new ICE directive mandates that undocumented immigrants be detained for the entire duration of their deportation proceedings, which can stretch over many months or years due to the backlog in immigration courts. This decision applies not only to new arrivals but also to long-term residents, some of whom may have children who are U.S. citizens or other connections that could strengthen their case against deportation.

What’s important to note is that the section of immigration law cited in the memo traditionally applied only to people who had recently crossed the border. For the first time, the policy has been expanded to include people who have lived in the U.S. for years or even decades, raising concerns among advocates, families, and lawyers alike about the fairness of this approach.

The provision stipulates that, in rare cases, detainees may be released on parole, but this will be up to the discretion of an immigration officer rather than an immigration judge. This represents a stark shift away from the previously established procedures for granting bond hearings, which allowed immigration judges to assess individual circumstances and determine if detention was appropriate.

Impact on Immigrants in Texas

This policy change has significant implications for immigrants living in Texas, including those in Galveston and surrounding areas. Texas has one of the largest immigrant populations in the United States, many of whom have lived in the state for years, contributing to the economy, culture, and society.

For these individuals, the new ICE directive means increased uncertainty. Immigrants in Texas, especially those without legal status, could now be detained for long periods while awaiting their hearings. The state’s immigration courts are known for their backlog, and for many, this means they could face months or even years of separation from their families, jobs, and communities as they await a decision.

Many of these immigrants live with the constant fear of being separated from their families, and the new policy exacerbates that anxiety. Parents may be held in detention while their children, often U.S. citizens, are left behind to navigate their lives without the support of their parents. The separation of families not only affects the individuals detained but also has a deep emotional and financial toll on the families they leave behind.

Why This Policy is Raising Concerns

Critics of the policy argue that it undermines fundamental principles of fairness and justice. The ability to request a bond hearing was an important safeguard that allowed immigration judges to consider the unique circumstances of each case. For many immigrants, particularly those who have lived in the U.S. for years, the decision to detain them indefinitely could be devastating. Families could be torn apart, and individuals may be forced to fight their cases from inside detention facilities—often located far from their homes and legal representation.

The new policy also raises questions about due process. Immigrants facing deportation hearings are entitled to a fair process, which includes the right to present their case and make their argument for remaining in the U.S. While some may ultimately face deportation, the process should be fair and balanced. By detaining immigrants without giving them the chance to request bond hearings, many argue that this policy violates their rights to a fair trial and undermines the principles of justice that are supposed to govern the U.S. legal system.

Another concern is the overcrowding and inhumane conditions that exist in some of the detention facilities used by ICE. These facilities, some of which are located in remote areas far from family and legal resources, often operate under poor conditions. Detaining individuals for prolonged periods in these conditions not only creates immense hardship for those involved but also raises serious questions about the treatment of immigrants.

Legal Options for Immigrants Affected by This Policy

Despite the challenges posed by this new policy, immigrants still have legal avenues available to them. If you or someone you know has been detained under this new ICE directive, it’s crucial to understand that there may still be ways to fight for your release or to challenge the policy itself. Legal representation is key to ensuring that your case is properly evaluated, and that you understand your rights under the law.

One of the most important steps is to work with an experienced immigration attorney who can help you navigate the system, challenge detention decisions, and explore other legal options such as asylum, cancellation of removal, or family-based relief.

Attorneys can also assist in filing appeals if bond hearings are denied or if individuals believe their detention is unjust. Legal experts can help identify circumstances that may make an individual eligible for release or provide arguments to present in court that might allow for bond hearings or parole.

In some cases, lawyers may be able to argue that detaining an individual is unjust due to family or health circumstances or that the individual poses no threat to public safety. Legal challenges may also include arguments that the ICE policy violates established legal precedents or that the policy is being applied in an unconstitutional manner.

How Legal Assistance Can Help

While the policy change represents a major hurdle, immigrants don’t have to face it alone. Legal assistance is critical in ensuring that individuals and families are informed of their rights and have access to the legal resources needed to navigate the immigration process. Immigration law is complex, and each case is unique. Without proper legal guidance, it’s easy to become overwhelmed by the intricacies of the law and the challenges posed by changes like the one announced by ICE.

This is where a knowledgeable immigration attorney can make a difference. An attorney can help you understand your rights, explore your options, and ensure that you are treated fairly throughout your proceedings. Whether it’s challenging your detention, seeking parole, or exploring other legal avenues, a trusted immigration law firm can provide the guidance and advocacy needed to navigate this difficult period.

The Path Forward

If you or someone you know is affected by the changes in ICE’s bond hearing policy, it’s essential to act quickly and seek legal help. At this challenging time, understanding your rights and legal options is more important than ever.

At Zendeh Del & Associates PLLC, we are dedicated to helping individuals and families navigate the complexities of the immigration system. If you or a loved one is facing detention or dealing with immigration issues in Galveston or the surrounding areas, contact our team of experienced immigration attorneys for a consultation. We are here to help you understand your options, protect your rights, and fight for the future you deserve.