Undocumented immigrants in the United States challenge Trump administration's recent no-bail jailing policy
In a controversial move, the Trump administration has implemented a new policy that denies bail to immigrants unlawfully present in the United States, potentially leading to indefinite detention for tens of thousands across the country. This policy, outlined in an email to all ICE employees on July 8, is currently the subject of a class action lawsuit filed against top administration officials.
According to Department of Homeland Security spokesperson Tricia McLaughlin, the policy aims to keep America safe by closing "loopholes" that allowed "millions of unvetted illegal aliens" to be released into communities. However, immigrants’ rights advocates argue that the new policy strips immigrants of their ability to seek bond, regardless of their length of residence in the U.S. or lack of criminal record. They contend that this indefinite detention without bond hearing violates due process rights.
The lawsuit, filed as of late July 2025, challenges a policy issued by ICE on July 8, which ends bond eligibility for immigrants detained by ICE. The case seeks to represent a nationwide class of individuals affected by this ICE policy and those denied bond hearings by the Adelanto Immigration Court. Notably, a district court has ordered the Adelanto ICE Processing Center detainees denied bond hearings to be granted such hearings within 7 days.
ICE prosecutors argue that immigrants who entered the U.S. without permission are legally considered “applicants for admission” and, as such, are ineligible for release on bond. This position is based on interpretations of Supreme Court and Board of Immigration Appeals cases such as Jennings v. Rodriguez (2018) and Matter of Q. Li (2025), where the legal status of unauthorized entrants potentially justifies denying bond eligibility. ICE contends that regardless of how long the immigrant has been in the U.S., their lack of initial lawful entry categorizes them as awaiting admission, thereby legally barring bond hearings.
The litigation is ongoing, with at least one federal judge ordering bond hearings at Adelanto, and the class action seeks broader nationwide relief. The case is actively supported by organizations like the ACLU and Northwest Immigrant Rights Project.
One of the named plaintiffs in the lawsuit is Ana Franco Galdamez, a single mother who's been in the U.S. for more than 20 years. She is the sole provider for her two children who are U.S. citizens, and recently completed treatment for breast cancer. Since being arrested and detained after a large immigration raid in Los Angeles, she has already "missed an important follow up mammogram" according to the complaint.
Another individual affected by the policy is 25-year-old Alfredo "Lelo" Juarez Zeferino, who was picked up four months ago, denied bail, and held in ICE detention in Tacoma. After 17 years in the U.S., he left the country due to the conditions in detention. His complaints about the detention facility were not specifically addressed in a statement from The Geo Group, the private company that runs the facility, which claims compliance with ICE standards and quick resolution of any problems.
The new policy is part of a broader expansion of immigration detention and enforcement funding under Trump administration laws passed in 2025, which critics say undermine due process and increase indefinite detention. Advocates for migrants are asking a federal court in California to block the policy, citing its arbitrary and capricious nature and violation of immigrants' due process rights. The policy change has already caused "catastrophic" and "irreparable harm" to as many as tens of thousands of noncitizens and their families, as they could end up spending months or years in detention before their cases are resolved. Some migrants stuck in detention are giving up on their cases and leaving the country.
- The new policy on bail denial for immigrants could potentially lead to a rise in credit issues for those stuck in indefinite detention, as they might miss employment opportunities and face financial struggles.
- The class action lawsuit challenging the new ICE policy also brings to light the risk associated with ESG investing, as supporting private detention facilities like the one running the Adelanto ICE Processing Center could be seen as backing controversial policies that violate human rights.
- The ongoing politics surrounding immigration and criminal justice, as exemplified by the new policy on bail denial, have made general news headlines, with many calling for a reconsideration of these decisions due to their impact on due process rights and potential consequences on affected individuals' lives.
