Immigration Court Ruling Expands Mandatory Detention
The BIA sided with DHS in declaring that immigrants who entered without inspection are ineligible for bond hearings — a decision that could impact millions.
WASHINGTON — On Friday, the Board of Immigration Appeals (BIA) has upended nearly two decades of immigration bond precedent with a ruling that immigration attorneys warn could lock thousands of undocumented immigrants in detention indefinitely.
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In Matter of Yajure, the BIA held that immigrants who entered the United States without inspection — so-called “EWI” cases — are not eligible for bond hearings under Section 236(a) of the Immigration and Nationality Act. The decision overturns the 2006 precedent Matter of Guerra, which had given immigration judges discretion to release long-time residents on bond if they posed no flight risk or threat to public safety.
Under the new rule, anyone who entered unlawfully and is placed in removal proceedings must remain detained until their case is resolved — no matter how many years they’ve lived in the U.S., their family ties, or their lack of criminal record.
DHS Wins, Communities Lose
The ruling mirrors the Department of Homeland Security’s hardline position that EWI immigrants are subject to mandatory detention. The BIA emphasized that the statutory language of Section 236(a) requires detention for those not lawfully admitted.
“This decision eliminates judicial discretion and replaces it with blanket incarceration,” said one immigration attorney in Washington. “It’s a devastating blow to due process.”
Advocates warn that the shift will swell detention rolls, strain facilities already accused of poor conditions, and pressure immigrants with legitimate asylum or cancellation claims to abandon their cases under the psychological and financial toll of long-term lockup.
Legal Challenges on the Horizon
The American Immigration Council and other groups are already signaling possible challenges, noting that circuit courts — particularly in the Ninth — have questioned mandatory detention policies for years. Legal scholars suggest Yajure could climb all the way to the U.S. Supreme Court, where the justices are already wrestling with questions about prolonged detention and constitutional due process.
For now, however, Yajure makes clear: immigrants who crossed the border without papers will have to fight their cases from behind bars.
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A Shift Toward Stricter Detention
The ruling underscores the Trump administration’s ongoing expansion of immigration detention as a central enforcement tool. With millions potentially affected — many with U.S. citizen children or deep community roots — Yajure signals that detention, not release, is the new default.
“Mandatory detention is a blunt instrument,” said another advocate. “This ruling ensures it will be wielded against some of the most vulnerable people in our immigration system.”
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Absolutely devastating. This will cause irreparable harm.