Undocumented immigrants in the US oppose Trump administration’s no-bail policy
Immigrants who are living illegally in the United States are currently combating a recent policy initiated by the Trump administration with regards to the no-bail stance. This policy requires detainees who are in the U.S. unlawfully and are arrested by Immigration and Customs Enforcement (ICE) to stay in detention while dealing with their deportation cases. It is a significant deviation from the former norms that allowed individuals assessed as not posing a flight risk or danger to be released on bail during their immigration court proceedings.
The policy was communicated to all ICE personnel through an email dated July 8, based on a reinterpretation of existing laws. This broad interpretation affects long-term residents with solid community connections, who now face incarceration similar to recent offenders, irrespective of their deep ties to the country. Though ICE justifies this policy by claiming it removes vulnerabilities that resulted in the release of countless illegal immigrants into communities, migrant advocates are challenging the decision in court.
Legal director Matt Adams is part of the Northwest Immigrant Rights Project, who is leading a coalition of groups accusing the Trump administration of misinterpreting the law. Adams has labeled the approach as ‘draconian’ and insists that the government is overreaching by altering policies without due process.
A lawsuit has been lodged in a federal court against high-ranking Trump officials like DHS Secretary Kristi Noem and Attorney General Pam Bondi, calling out the immigration court in Adelanto, California, for its bond hearing denials following the new policy. Adams and other immigration advocates argue that these changes could lead to significant harm for the detainees and their relatives, both emotionally and financially, as they could end up spending extended periods incarcerated awaiting trial outcomes.
Named plaintiff Ana Franco Galdamez, an immigrant residing in the U.S. for over two decades is a mother and cancer survivor who is the primary guardian of her American-born children. Her situation exemplifies the distressing reality for many who face similar circumstances, emphasizing the indiscriminate nature of the policy’s impact. This matter becomes even more complex when factoring in a 65-year-old father, the primary caregiver to his children with cognitive disabilities, and another father with a hospitalized infant, all of whom have been denied bond hearings due to the new policy. The lawsuit highlights how the Trump administration’s abrupt policy change is disrupting lives and stripping many individuals of their rights.
Several immigration lawyers have voiced their shock and concerns regarding the suddenness and harshness of the policy shift, particularly in California, where routine bail approvals have turned into blanket rejections overnight. Immigration attorney Nico Thompson-Lleras described the situation as akin to a magic trick, with clients who previously would have easily been granted bail, now facing extended detention without recourse. Attorneys are taking legal action by filing habeas corpus claims against these detentions, seeking justice for those they believe have been unlawfully processed under the new policy.