The directive, revealed by The Washington Post, marks a shift in the Trump administration’s interpretation of detention authority. Lyons states that immigrants who entered the country illegally are no longer eligible for release, with rare exceptions now granted exclusively by ICE officers rather than independent immigration judges. The agency defends the move as a necessary measure to close security loopholes, asserting that it aligns with long-standing immigration statutes.
Legal experts and advocacy groups characterize the policy as a mechanism to bypass judicial oversight. Reports from the American Immigration Lawyers Association indicate that bond hearings are already being denied across courts in states including New York, Virginia, Oregon, North Carolina, Ohio, and Georgia. Greg Chen, senior director at the association, warned that the policy forces mass detention without individual review. Rebekah Wolf of the American Immigration Council noted that the lack of public access to the memo leaves legal teams struggling to identify the specific statutory basis for this mandatory detention standard.
The policy arrives alongside a broader push for mass deportations spearheaded by President Donald Trump and Homeland Security Secretary Kristi Noem. Supported by a $45 billion funding injection for detention facilities, the administration maintains that the enforcement of existing laws is essential for public safety. However, the memo itself acknowledges that the new guidance is expected to face immediate legal challenges, adding to a mounting wave of litigation against the administration’s immigration agenda.




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