Trump Administration’s ICE Policy: No Bond for Unauthorized Entries
By: Iyah Youssef
The Trump administration has introduced a stringent new policy through U.S. Immigration and Customs Enforcement (ICE) that denies bond to aliens who enter the United States without inspection or admission. First mentioned in President Donald J. Trump’s January 20, 2025, executive order, “Protecting the American People Against Invasion,”[1] ICE Acting Director Todd M. Lyons moved to change ICE’s policy regarding mandatory detention with his internal memorandum circulated July 8, 2025. This marks a significant escalation in immigration enforcement, aiming to expand mandatory detention.
Policy Details
The policy mandates that all aliens apprehended for unauthorized entry are ineligible for bond during immigration proceedings, regardless of criminal history or personal circumstances. Grounded in Section 235(b)(1) of the Immigration and Nationality Act (INA), the policy expands the use of mandatory detention and expedited removal processes.
This directive aims at denying bond to individuals who were not admitted into the U.S. Accordingly, the U.S. Department of Homeland Security (DHS) will now consider all individuals who entered without admission as “applicants for admission.” It is DHS’s position that applicants for admission are subject to mandatory detention and ineligible for bond. The only individuals eligible for bond are those admitted to the U.S. Essentially, individuals with some immigration status who are detained are bond eligible, while undocumented individuals and those who entered without admission are not.
Rationale and Context
President Trump’s executive order emphasizes protecting states from the economic and security burdens of illegal immigration, framing the policy as a necessary response to an “invasion” at the southern border.[2] Recently, President Trump signed H.R.1., which allocated $45 billion for immigration detention centers, as well as about $30 billion to hire more ICE personnel, for transportation costs, and to maintain ICE facilities, reflecting this administration’s commitment to detain aliens until removal or adjudication.[3] This increase in funding for ICE will not only lead to more detentions, but it will also lead to prolonged detentions for previously bond eligible individuals.
The memorandum states that the U.S. Department of Homeland Security (DHS) has revisited its “extraordinarily broad and equally complex” detention and release authorities.[4] Using this reasoning, DHS is now reinterpreting what it means to be an arriving alien and greatly expanding who is subject to mandatory detention.
Implications and Challenges
The policy appears to reverse the legal standards that have governed detention for decades.[5] The policy is expected to significantly increase detention numbers, potentially overwhelming facilities. Since the memorandum was released on July 8, 2025, the American Immigration Lawyers Association said members have reported that immigrants were being denied bond hearings in more than a dozen immigration courts across the U.S.[6] Critics have highlighted due process concerns with these denials.[7]
Conclusion
The Trump administration’s no-bond policy for unauthorized entrants underscores its hardline stance on immigration. While it may deter illegal crossings, the policy risks overwhelming detention and judicial systems and faces potential legal challenges. As implementation continues, its impacts on migrants, communities, and the broader immigration system will remain under scrutiny.
[1] https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-american-people-against-invasion/.
[2] See note 1.
[3] https://www.npr.org/2025/07/03/g-s1-75609/big-beautiful-bill-ice-funding-immigration.
[4] https://www.washingtonpost.com/immigration/2025/07/14/ice-trump-undocumented-immigrants-bond-hearings/.
[5] https://www.reuters.com/world/us/us-launches-new-bid-keep-migrants-detained-by-denying-hearings-memo-shows-2025-07-15/.
[6] See note 4.
[7] Id.
