A newly uncovered memo from U.S. Immigration and Customs Enforcement (ICE) has revealed sweeping plans to expand the detention of migrants by denying them access to bond hearings. This change could impact millions and significantly escalate the U.S. immigrant detention population.
The July 8 memo, authored by ICE’s acting director Todd Lyons, outlines new legal guidance instructing agents and prosecutors to reinterpret longstanding immigration law in ways that would block many immigrants from seeking release after being arrested. Legal experts are calling it one of the most aggressive detention strategies ever proposed.
Dismantling Access to Release
The ICE memo encourages officials to treat several provisions in immigration law as “prohibitions on release,” meaning that many individuals who previously qualified for bond could now be locked up indefinitely while fighting their deportation cases.
In addition, the memo directs ICE attorneys to argue forcefully in immigration court for continued detention — even where bond might previously have been granted—by using “alternative arguments” to block release. Critics say the changes are legally shaky and ethically troubling.
From Legal Norm to Legal Shock
For decades, immigrants arrested for unauthorized entry were generally given a chance to request bond, especially if they posed no flight risk or criminal threat. The new ICE directive attempts to reverse that standard.
Tom Jawetz, a former Homeland Security official under President Biden, believes this to be an apparent attempt to reverse decades of established practice. He emphasizes that it represents a radical departure that could cause the detention population to increase significantly.
Policy Backed by a Surge in Funding
The memo coincides with new congressional spending that allocates funding for the detention of at least 100,000 immigrants, nearly double the number ICE had in custody just weeks ago. By late June, the U.S. already held a record 58,000 people in immigration detention.
President Donald Trump has repeatedly vowed mass deportations. He has now taken steps to build the legal and financial infrastructure to make it happen. His administration says the changes are necessary following what it calls record-high illegal border crossings under President Joe Biden.
Due Process in the Crosshairs
Advocacy groups and immigration attorneys warn that the memo undermines due process by preventing immigrants from presenting their case for release in court. One of the immigration attorneys based in Texas explained that detaining someone without giving them a chance to argue for freedom isn’t just bad policy — it’s unconstitutional.
The ICE memo itself acknowledges that the policy is “likely to be litigated,” signaling the agency knows it may face legal challenges — and is pushing forward anyway.
A Legal and Human Rights Flashpoint
The move is already drawing comparisons to previous legal showdowns over the Trump administration’s immigration tactics. But this time, critics warn, the strategy is more calculated, designed to trigger fewer court injunctions by working through internal guidance rather than public proclamations.
Human rights groups are sounding the alarm about the ethical implications. They say that this isn’t just about numbers — it’s about people, many of whom are fleeing violence or persecution. Stripping them of the right to seek release only deepens their trauma.
Looking Ahead
Legal challenges to the memo are expected to begin swiftly. Immigration attorneys and civil liberties organizations are preparing lawsuits to block the policy before detention numbers surge even higher.
But unless a court steps in soon, the memo remains active policy, and thousands of immigrants across the U.S. may find themselves locked up with no path to argue for release. For now, one thing is clear: immigration detention in the U.S. is entering a new era of restriction.
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Resources:
- https://www.reuters.com/world/us/us-launches-new-bid-keep-migrants-detained-by-denying-hearings-memo-shows-2025-07-15/
- https://nypost.com/2025/07/15/us-news/us-launches-new-bid-to-keep-migrants-detained-by-denying-hearings-memo-shows/
- https://economictimes.indiatimes.com/nri/latest-updates/us-launches-new-bid-to-keep-migrants-detained-by-denying-hearings-memo-shows/articleshow/122480846.cms?from=mdr
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