Changes to Bond Eligibility

Immigration Court Bonds for the undocumented in the United States is now heavily restricted following a decision of the Trump Administration’s immigration appeals court.

Previously….

Most undocumented immigrants were eligible for a bond. The common situation for someone who entered without inspection was that an immigration judge could give a bond under INA § 236(a)  if there was no disqualifying criminal record and the person was not a danger to the community or a flight risk. This was the law until early September. In fact, this position was affirmed in June 2025 in Matter of Gairat Akhmedov.

Now…

But on September 5, 2025, the immigration appeals office in In Matter of Yajure Hurtado, held that any person who crossed the border unlawfully and is later taken into immigration detention is no longer eligible for release on bond.

Immigration Court Bond has always been difficult. The burden is on the immigrant to prove he is neither a flight risk nor a danger to society. Even with documentary evidence, immigration judges can deny bond, or they can effectively deny bond by setting a bail at an amount beyond the financial means of the immigrant. Indeed, the American Immigration Council reports that in July 2025 immigration judges ordered release on bond in less than half of bond hearings nationally. Those who win bond must come up with the cash (the average bond was $8,176 in August 2025).

After Yajure Hurtado: Mandatory detention for all who entered without inspection

Yajure Hurtado involved a citizen of Venezuela who crossed the border without inspection in November 2022 and later obtained Temporary Protected Status. When his TPS purportedly expired (likely as a result of DHS’ premature cancelation of the 2023 TPS

The decision establishes a new rule that deprives noncitizens who entered without inspection of the right to seek bond from an immigration judge, regardless of how long they have been residing in the country or where they were arrested.

What is the effect of this decision?

A elderly lady who crossed the border 25 years ago? Her detention is now, for the first time, “mandatory.” The man seeking asylum and crossed the desert and the jungle to enter the US and properly filed his asylum application?  Mandatory detention. The countless

This new rule in conjunction with the decision of the Supreme Court to allow racial profiling in immigration arrests means that immigrants arrested in ICE’s dragnet now face extraordinary new hurdles to release.