In the past, immigrants residing in the U.S. interior generally have been allowed to request a bond hearing before an immigration judge. But Lyons wrote that the Trump administration’s departments of Homeland Security and Justice had “revisited its legal position on detention and release authorities” and determined that such immigrants “may not be released from ICE custody.” In rare exceptions immigrants may be released on parole, but that decision will be up to an immigration officer, not a judge, he wrote.
The provision is based on a section of immigration law that says unauthorized immigrants “shall be detained” after their arrest, but that has historically applied to those who recently crossed the border and not longtime residents.
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