In a major escalation of its immigration crackdown, the Trump administration has introduced a new policy granting Immigration and Customs Enforcement (ICE) expansive authority to detain undocumented immigrants without allowing bond hearings for a wide range of cases—including individuals who have been residing in the United States for many years. The directive, issued on July 8 in a memo from acting ICE director Todd M. Lyons, marks a significant reinterpretation of existing immigration law, one that critics warn could strip due process from millions of noncitizens and keep them in custody for the entirety of their removal proceedings.
Previously, only those who had recently crossed the border illegally were subject to mandatory detention, while others had the option to request bond hearings before an immigration judge. The revised interpretation now classifies virtually all unauthorized immigrants as ineligible for bond, effectively eliminating judicial review in most cases and narrowing the path to release. Although ICE has indicated that parole remains possible, it would be available only in exceptional circumstances.
This drastic shift is part of a broader expansion of the nation’s immigration enforcement infrastructure. Congress has authorized $45 billion to ICE over the next four years to increase daily detention capacity to 100,000 individuals—nearly double the current figure of approximately 56,000 detainees per day . This surge includes reopening family detention centers and erecting temporary facilities in remote regions such as the Florida Everglades and parts of Arizona.
Civil rights advocates and legal experts have expressed deep concern regarding the policy’s implications. Greg Chen of the American Immigration Lawyers Association described the change as “requiring the detention of far more people without any real review of their individual circumstances”. Critics argue that the policy effectively reverses long-held legal protections, sweeping in long-term residents—many undocumented—who have established familial, social, and economic ties within the country.
Among those impacted are millions of undocumented immigrants who entered the U.S. years ago, including during the Biden administration, and have since integrated into American society. Immigration attorney Aaron Korthuis noted, “They are people who have been living here, all they’re doing is trying to make a living for their family,” and warned that this policy “supercharges detention beyond what it already is”.
Legal action has already begun to address constitutional concerns, particularly the lack of access to bond hearings. Observers anticipate that lawsuits may challenge the policy on the grounds that indefinite detention without judicial review infringes upon due process and habeas corpus rights.
At the core of the policy is a reinterpretation of existing statutory language that previously applied to recent border crossers. The Trump administration has now extended this interpretation to include long-established undocumented residents. ICE officials defend this position by citing the need for consistent enforcement, arguing that detention guarantees appearance at immigration proceedings.
Supporters of the measure, including the Center for Immigration Studies, have praised the plan, with Mark Krikorian stating that detention is “absolutely the best way to approach this” enforcement model. For supporters, the policy ensures compliance and simplifies removal actions. However, cost considerations remain high, and detainee advocates point to the human toll of prolonged confinement.
Simultaneously, this measure coincides with other sweeping immigration enforcement actions, such as policies excluding undocumented children from federal preschool and health programs, reinforcing the administration’s broader agenda of reducing migrants’ access to services.
Opponents, including immigrant rights groups and some lawmakers, argue that this hardened stance undermines constitutional protections, imprisons individuals without individualized assessment, and exacts an immense financial burden on taxpayers.
As detention centers fill and litigation advances, this policy is destined to remain at the center of the national debate over immigration in the coming months. Its implementation will test the balance between enforcement priorities and fundamental civil rights for undocumented individuals.
