US Justice Department Appeals Board Strips Undocumented Migrants of Right to Bail
New ruling under Trump administration tightens immigration detention policies, sparking backlash from judges and human rights advocates.
The Appeals Board of the US Department of Justice has issued a ruling denying migrants suspected of entering the country illegally the right to request release on bail, even if approved by an immigration judge.
The decision, issued Friday, represents a significant policy shift and could pave the way for detaining thousands of migrants in holding facilities while their cases are pending. Previously, Justice Department policy allowed any person suspected of illegal entry—if they had resided in the US for at least two years—to apply for bail before an immigration judge.
The new ruling abolishes this right, which some judges and legal experts view as a tool to pressure migrants into “self-deportation.”
The case in question involved Venezuelan migrant Jonathan Javier Yajure Hurtado, who crossed from Mexico into Texas in November 2022. He was granted temporary protection status that expired in April, after which he was transferred to a detention facility in Washington state.
US Ruling Blocks Bail for Undocumented Migrants
An immigration judge concluded he had no authority to consider a bail request, a decision later upheld by the Appeals Board, which argued that anyone entering the country “without inspection” is classified as an applicant for admission and must remain detained until deportation proceedings are complete.
This approach aligns with the hardline immigration policies of President Donald Trump since his return to the White House in 2024, under which Immigration and Customs Enforcement (ICE) was granted greater powers and expanded budgets. According to the Pew Research Center, this has led to the first decline in the US migrant population since the 1960s.
Friday’s ruling sparked outrage among human rights advocates and judicial circles. Dana Leigh Marks, a federal judge and spokesperson for the National Association of Immigration Judges, said: “It’s horrifying… This is a clear attempt to force people to fight their legal battles while in detention.”
The decision is expected to ignite a new wave of legal challenges, particularly since some federal courts previously ruled that denying migrants the right to request bail is unlawful.
