UPDATE: U.S. Immigration and Customs Enforcement (ICE) has just announced a major shift in its detention policy, expanding its authority to detain individuals without bond hearings. Effective immediately, this new directive allows ICE to jail anyone who entered the country illegally, marking a significant increase in detention numbers and igniting widespread concern.
On July 8, 2023, acting ICE director Todd Lyons informed staff that the agency would utilize its “extraordinarily broad” legal authority to detain individuals, eliminating their eligibility for bond hearings before immigration judges. Instead, individuals can only be released if the Department of Homeland Security grants an exception.
This urgent directive signals a dramatic shift in enforcement strategies, leveraging a 1996 law to detain individuals who previously were not held while awaiting their immigration court cases. The implications of this policy change are substantial, as it could affect thousands seeking to navigate the immigration system.
According to ICE, the agency held approximately 56,000 individuals at the end of June, surpassing its budgeted capacity of around 41,000. With new funding aimed at accommodating an average daily population of 100,000, ICE is poised for significant growth, backed by a budget increase of $76.5 billion over five years.
Tricia McLaughlin, spokesperson for Homeland Security, stated, “The Biden administration dangerously unleashed millions of unvetted illegal aliens into the country.” She emphasized that the new enforcement measures align with the original intent of the law, suggesting that the current administration has prioritized security.
Legal experts are raising alarms about the implications of this policy. Greg Chen, a senior director at the American Immigration Lawyers Association, reported that attorneys nationwide have begun observing clients being detained under these new guidelines. One case involved an individual who had resided in the U.S. for 25 years.
Chen criticized the approach taken by the Trump administration, stating, “This is going to turn the United States into a nation that imprisons people as a matter of course.” The initiative will primarily target those who crossed the border illegally, which means that individuals who overstayed their visas will not be affected.
Furthermore, Matt Adams, legal director of the Northwest Immigrant Rights Project, condemned the administration’s “draconian interpretation” of the law, highlighting that it could lead to the detention of people who have lived in the U.S. for decades with no criminal history.
“The administration is adopting a draconian interpretation of the statute to jail people who may have lived in the U.S. for decades, have no criminal history and have U.S. citizen spouses, children, and grandchildren,” Adams stated.
Lyons acknowledged the likelihood of legal challenges arising from this new directive and instructed ICE attorneys to compile evidence for justifying detentions, including potential community risks and flight risks.
This policy comes in the wake of the Laken Riley Act, signed into law by President Trump, which mandates detention for individuals arrested for minor offenses, further tightening immigration enforcement.
As the situation unfolds, advocates and legal experts are closely monitoring the impacts of this expanded authority. The immediate effects on communities and individuals seeking asylum or residency in the U.S. could be profound, raising questions about human rights and the future of immigration policy.
Stay tuned for further updates as this developing story unfolds, and the implications become clearer.
