Any noncitizen detained by immigration authorities are entitled to bond hearings, per a federal judge’s ruling. The proclamation overrules a government policy requiring detainment of noncitizens without a chance for release. This means Immigration and Customs Enforcement (ICE) can’t keep detained noncitizens in custody lawfully. It’s unclear if the government will challenge the ruling.

The judge ordered ICE to give a detained citizen a bond hearing or release them from custody after seven days. Additionally, the judge ruled that another section of the law, Section 1226, applies to noncitizens that have been in the U.S. for years. The ruling also lets detained noncitizens the request bond hearings. Individuals that don’t pose a flight or national security risk are eligible for release too.

The ruling reaffirms habeas corpus rights for noncitizens detained in immigration enforcement operations. It also challenges the government’s reinterpretation of Section 1225 of the Immigration and Nationality Act, which made warrantless detainment of noncitizens possible. The government defines Section 1225 as applying to any noncitizen present in the U.S., regardless of how long they’ve been there. It’s unclear if the ruling applies to all undocumented noncitizens currently in ICE custody, or only the man whose case led to the ruling. This ruling is one of many rulings challenging ICE’s policy of detaining noncitizens without probable cause.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.