For thousands of immigrants in the United States, a single mistake on an immigration form or a minor legal violation can now mean weeks, months, or even years behind bars. Although immigrants have historically been allowed to post bond to get out of detention, it’s increasingly being denied, leaving families separated and immigrants trapped in facilities while their cases move at a snail’s pace.
Immigration detention has always existed, but recent policy changes have made release far less likely. Many detainees are finding themselves unable to bond out to maintain family ties and employment.
A 2019 directive by former Attorney General William Barr removed the ability for immigration judges to grant bond to many asylum seekers who were not inspected at port of entry, forcing them into indefinite detention until their asylum proceedings are complete. This directive was quickly overturned by U.S. District Judge Marsha Pechman, but in 2025, many immigrants are once again being denied bond.
The Trump administration is detaining immigrants with clean records for simple errors like missing a filing deadline or misunderstanding a reporting requirement. Some detainees are being released under strict surveillance with an ankle monitor, which critics say is a bit extreme for low-risk cases.
Under the Trump administration, the attorney general issued binding precedents limiting who qualifies for a bond hearing, and it’s negatively impacting immigrants accused of minor violations. Those with old or non-violent criminal records who might have previously qualified for release now fall under mandatory detention statutes. Judges can no longer weigh family ties, community support, and likelihood of appearance to override the statute. This problem highlights the importance and value of working with an immigration lawyer to ensure all requirements are met and paperwork is filled out correctly and submitted on time.
The toll of automatic detention
Detention has devastating effects. Because of these new rules, families are being torn apart, children are being left without parents, and communities are being destabilized. Immigrants denied bond are often held hundreds of miles away from their loved ones, making visitation impossible. Being detained for long periods of time puts a strain on mental health and can lead to depression, anxiety, PTSD, and other issues. Without the ability to work, detained immigrants can’t provide for their families and the government is not offering them support. This can disrupt everything from housing and childcare to health insurance coverage.
Immigration courts are backlogged
Even if detainees want to fight their case in court, the courts are severely backlogged. As of 2024, backlogged cases have exceeded three million, and many of those detainees have been waiting years for a resolution.
Although detained cases are prioritized, they don’t always get fair hearings. The hearings are often rushed, which can undermine due process and increase the risk of wrongful deportation. Another problem is that detained immigrants are far less likely to secure legal representation than those released on bond. Only around 14% of detainees have attorneys compared to over 60% of those who bond out.
Alternatives to detention are being ignored
Alternatives to detention exist, and despite being cheaper and more humane, they’re not being used. Community supervision programs are one of these underutilized alternatives. These programs pair immigrants with case managers and have court appearance rates of 90% and higher. Of course, bond has been a proven incentive to ensure appearance in court and has a similarly high rate of appearance. Instead of using these methods, ICE and DHS continue to favor detention facilities, and immigrants that are released are tied to ankle monitors, which raises concerns over human rights. Ankle monitors feel punitive rather than supportive.
Private prisons are profiting from detentions
When you look at who profits from ignoring detention alternatives, it starts to make sense. Immigration detention is good business for private prisons and local governments. Around 79% of immigrant detainees are being held in privately run facilities, which creates a profit motive to expand detention rather than explore other options.
Detention makes it harder to fight
For immigrants denied bond, being detained makes it harder to fight from the inside even with legal counsel. Attorneys have limited access to their clients and restricted time for preparing their cases. However, even after bond has been denied, an appeal to a higher court can eventually lead to release or reconsideration. The struggle is exhausting, but for immigrants who have been detained without bond, it’s the only option.
While attorneys continue to fight for their clients put in limbo, the system demands reform. Until then, immigrants will continue to be detained for minor infractions and technical mistakes, highlighting the gap between the promise of due process and the harsh reality of immigration enforcement.
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Carter Maddox
