Federal Judge Strikes Down DHS Detention Policy, Opening Path to Bond Hearings for Thousands
A California federal judge has delivered a major blow to a Trump administration immigration policy, potentially allowing thousands of detained immigrants to seek release while their cases proceed through the court system.
The ruling
Judge Sunshine Suzanne Sykes certified a class providing relief to migrants who entered the United States without inspection, as well as those not initially detained upon entry. The decision overturns a Department of Homeland Security policy that had been in effect since July.
What changed in July
The DHS policy at the center of the case fundamentally altered how Immigration and Customs Enforcement handled certain detained immigrants. Under the July directive, ICE was required to classify immigrants arrested in the U.S. and considered inadmissible as “applicants for admission.” This designation stripped away their ability to request bond hearings—regardless of how long they had lived in the country or whether they had any criminal history.
This represented a significant departure from previous practice. Under prior administrations, certain migrants who entered without inspection could still be eligible for bond and potentially released while awaiting their court proceedings.
The legal challenge
Immigration rights advocates quickly responded to the policy change by filing a class action lawsuit on behalf of four individuals detained at an ICE facility in California who had been denied bond consideration. Judge Sykes initially issued a temporary restraining order in late July preventing the continued detention of those four individuals. The attorneys then sought broader class action relief for all people affected by the policy.
The impact
The ruling’s scope is substantial. According to Matt Adams, the lead attorney in the case, the decision restores a process that had been in place for three decades. Anyone in removal proceedings who was being denied a bond hearing solely because they initially entered without inspection can now seek bond, just as they could before the July policy change.
This could affect thousands of immigrants currently in detention, potentially allowing them to be released while their removal cases continue through the immigration court system.
Looking ahead
The decision marks a significant legal setback for the administration’s immigration enforcement approach. It remains to be seen whether DHS will appeal the ruling or how it might adjust its detention policies in response. For now, the court has effectively reinstated the bond hearing process that existed prior to this summer’s policy shift.
For immigrant advocates, the ruling represents a restoration of due process rights. For the administration, it’s a constraint on enforcement discretion. Either way, the decision will likely have immediate practical consequences for detention centers and immigration courts across the country.