5:59U.S. Customs and Border Patrol officers are positioned outside of immigration court sessions, at Jacob K. Javits Federal Building on June 10, 2025 in New York City. Federal officers are taking immigrants into custody during required reporting meetings, as ICE elevates its actions after immigration court sessions. The Trump administration instructed authorities to amplify incarcerations to 3,000 migrants each day.Adam Gray/Getty Images
A federal magistrate has invalidated a Department of Homeland Security regulation put into practice in July that compelled nearly all immigrants who crossed into the United States illicitly to be held in custody during their deportation processes.
The ruling could conceivably permit thousands of immigrants who have been subjected to obligatory imprisonment to be freed.
On Tuesday, Judge Sunshine Suzanne Sykes in California endorsed a class providing assistance to migrants who “have crossed or will cross into the United States without inspection” and those who were not originally detained upon entering the country.
In July, DHS enacted a regulation mandating that ICE regard immigrants taken into custody in the U.S. and regarded as inadmissible as “applicants for entry.” The regulation eliminated immigrants’ capacity to seek release on bail regardless of whether they had resided in the U.S. for numerous years or whether they possessed a criminal history.
U.S. Customs and Border Patrol officers are positioned outside of immigration court sessions, at Jacob K. Javits Federal Building on June 10, 2025 in New York City. Federal officers are taking immigrants into custody during required reporting meetings, as ICE elevates its actions after immigration court sessions. The Trump administration instructed authorities to amplify incarcerations to 3,000 migrants each day.Adam Gray/Getty Images
Under prior administrations, certain migrants, even those who came into the country illegally, could be qualified for bail and consequently could be set free while their court proceedings progressed.
Soon after the new regulation was disclosed, immigrant rights proponents initiated a class action legal case on behalf of four people held at an ICE detention center in California who were refused consideration for bail.
On July 28, Judge Sykes delivered a short-term restraining order that prohibited the Trump administration from persisting in detaining the four mentioned petitioners. The attorneys for the people then took action to pursue class action relief for individuals affected by the ICE regulation.
“Anyone in the country who’s in this position within deportation procedures and is being denied a bond hearing because they initially entered without inspection or without being admitted, is now able to secure a bond, just as they were for the preceding 30 years,” stated Matt Adams, the principal attorney in the case.
Sourse: abcnews.go.com
