In recent months there has been a lot of confusion and concern in the immigrant community about bond in immigration detention cases. Many people have been detained and told they are not eligible for bond, even after they have lived in the United States for years.

However, there is a very important update that changes this landscape and that can open the door again to applying for release on bond before an immigration judge.

What is happening now with the bonds?

On November 25, 2025, a federal district court overturned a Board of Immigration Appeals (BIA) decision known as Matter of Yajure Hurtado (2025).

This ruling is key because it restores the right of many undocumented immigrants to request a bond hearing, something that ICE had been denying across the board.

The case that changed the situation

The case involved a Venezuelan man who had entered the United States without permission and who, after living here for several years, was arrested by ICE. The immigration judge denied him bond based on a new ICE argument: that the person was not “eligible” for bond because he was considered an “applicant for admission.”

This interpretation was used by ICE to keep millions of immigrants detained, including people with no criminal record and strong family ties in the U.S.

In response, the Northwest Immigrant Rights Project (NWIRP) sued ICE, arguing that automatically denying bond was illegal. The court agreed and ordered that the bond hearings must be reheld.

👉 Important:
The ruling does not require judges to grant bail, but it does require a hearing to be held.

As long as the government does not appeal (or until an appeal is resolved), immigrants across the country can re-request a bond hearing before an immigration judge.

Why was ICE denying so many bonds?

To understand this, one must explain how the law classifies certain immigrants.

What is an “arriving alien” or “applicant for admission”?

Immigration law considers “applicants for admission” to be people who:

• Arrive in the U.S. at a port of entry (airport or border),
• Enter between ports of entry without permission,
• Or they are intercepted at sea and brought to the U.S.

ICE began arguing that anyone who entered without permission, no matter how many years they have been in the country, is still legally someone who “is trying to get in,” and therefore cannot ask for bond.

This interpretation was supported by decisions such as Jennings v. Rodriguez and Matter of Q. Li, but many lawyers and judges feel that ICE went too far in applying that logic so broadly.

Prior to this change, the rule of thumb was clear:

• If a person was not considered dangerous or a flight risk, the judge could grant bail.

Who was most at risk under this policy?

Among the people most affected were:

• Immigrants who entered illegally and were never arrested at the border, even though they have been living and working in the U.S. for years.
• People who were released at the border to pursue their case (for asylum, for example) and then detained sometime later.
• People who entered on parole (including programs like CHNV) were later detained.

For many of these people, ICE argued that there was no right to bond, regardless of their history or roots.

What can be done now?

With this new court decision, there are several important actions:

1. Keep asking for bond hearings

Even if ICE says someone is ineligible, immigration judges have the authority to decide and must now at least hear the case.

2. Request parole directly from ICE

Especially in cases with:

• Medical problems,
• Mental vulnerabilities,
• Strong humanitarian situations.

3. Prepare with documents

It is key to store in a safe place:

• Evidence of how the country was entered,
• Documents surrendered upon release at the border,
• Passports, visas, stamps, cut-off notices.

These documents can make all the difference at a bond hearing.

4. Talk to an Immigration Attorney

An attorney updated on these changes can:

• Argue eligibility for bond,
• Present alternative strategies such as a VAWA or T Visa case

This judicial decision does not guarantee freedom, but it does restore a fundamental right: the right to have a judge hear the case.

In a context where many people have been detained without the possibility of bond, this update represents a real opportunity to fight for freedom while the immigration case continues.

If you or a family member is detained, or fear possible arrest, now is the time to educate yourself and seek legal help.

At Eagan Immigration, we can evaluate your situation and help you understand your options. Call us at 202-709-6439 for a free case evaluation.

⚖️ This content is for informational purposes only and does not constitute legal advice.