New lawsuit challenges denial of due process in immigration courts

A recent class-action lawsuit has been filed by various organizations, including the American Civil Liberties Union (ACLU) of Massachusetts, challenging the widespread denial of bond hearings to individuals detained by U.S. Immigration and Customs Enforcement. This denial is viewed as a violation of both statutory and constitutional rights, disrupting established law and procedures in immigration proceedings and leading to the denial of due process for thousands of individuals in Massachusetts.

The lawsuit alleges that the U.S. Department of Homeland Security (DHS) and the Department of Justice (DOJ) have begun to improperly reclassify individuals arrested by ICE within the United States. These agencies have shifted the classification of these individuals from the authority typically allowing for bond requests during removal proceedings under 8 U.S.C. § 1226 to the no-bond detention provisions of 8 U.S.C. § 1225. This shift does not apply to individuals arrested within the interior of the United States and placed in removal proceedings.

Daniel McFadden, managing attorney at the ACLU of Massachusetts, emphasized that all individuals in the United States have the right to due process. He highlighted that when the government detains individuals within the U.S., there must be a justification for detention that is presented to a judge. Individuals have a constitutional and statutory right to a bond hearing for this purpose. However, the Trump administration has been accused of jailing individuals arbitrarily without providing a hearing, ignoring the constitutional right to due process outlined in the Fifth Amendment.

In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, which established the current detention framework for individuals detained for civil immigration violations. Since then, individuals arrested within the United States and placed in removal proceedings have been subject to 8 U.S.C. § 1226 and entitled to a bond hearing, unless they fall under specific criminal and national security exceptions.

Recent developments, beginning in late 2022 in the Immigration Court in Tacoma, Washington, saw detainees being misclassified under § 1225 instead of § 1226 due to their initial entry into the country without permission. This practice was deemed likely illegal by the U.S. District Court for the Western District of Washington in April 2025, ordering a bond hearing for an individual wrongfully detained. However, DHS expanded this unlawful practice nationwide, requesting immigration judges to deny bond hearings. Despite some judges rejecting this argument, a precedential decision from the Board of Immigration Appeals (BIA) mandated the misclassification of individuals. Several federal courts have since ruled against the BIA’s decision, yet DHS and DOJ continue to misclassify individuals according to this directive.