Authorities at U.S. Immigration and Customs Enforcement have increased their efforts to detain individuals who entered the country illegally by utilizing a legal provision that allows them to hold these individuals without a bond hearing.
ICE’s acting director, Todd Lyons, announced on July 8 that the agency would be enforcing stricter measures to detain individuals, stating that they would no longer be entitled to a bond hearing before an immigration judge. Instead, release would only be possible if the Department of Homeland Security makes an exception.
This directive, as reported by The Washington Post, signifies a broader implementation of a 1996 law to detain individuals who were previously granted freedom while awaiting their immigration court proceedings.
When asked for a statement regarding the memo, Homeland Security spokesperson Tricia McLaughlin criticized the Biden administration for allowing unvetted illegal aliens into the country, emphasizing that the law is being enforced to ensure national security.
ICE is expected to have sufficient bed space following the enactment of a law by former President Trump that allocates significant funding for border and immigration enforcement. This funding will enable ICE to expand its operations significantly, including a substantial increase in detention capacity.
Legal experts have expressed concerns over the new directive, with some noting that individuals who have resided in the U.S. for extended periods and have no criminal record are now at risk of detention. The initiative primarily targets those who crossed the border illegally.
The Trump administration’s rapid expansion of detention policies has raised alarms among immigration advocates, who fear that the U.S. will become a nation that routinely incarcerates individuals without due process.
Despite potential legal challenges, ICE is instructed to continue justifying detention before immigration judges by presenting evidence of community safety concerns and flight risk.
As of June, ICE was detaining approximately 56,000 individuals, surpassing its designated capacity. With new funding, Homeland Security anticipates an average daily population of 100,000 detainees.
Earlier this year, Trump signed the Laken Riley Act, which mandates detention for individuals in the country illegally who are arrested or charged with various offenses, ranging from minor crimes to violent acts.
Original Publication Date: July 15, 2025 at 5:14 PM MDT
