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The Trump administration is rolling out a new immigration enforcement policy that would block many illegal immigrants from receiving bond hearings, a move that could dramatically expand the number of people held in federal detention.
According to internal guidance from U.S. Immigration and Customs Enforcement (ICE) reviewed in part by Reuters, the policy would apply to a broad group of individuals who entered the country unlawfully and are now challenging their deportation orders in immigration court.
The shift is part of President Donald Trump’s broader pledge to carry out mass deportations and crack down on illegal immigration, following a surge of border crossings under former President Joe Biden. A new federal spending law passed this month authorizes funding to detain at least 100,000 individuals at a time, a significant increase from the roughly 58,000 held in ICE custody at the end of June.
The new guidance, signed by Acting ICE Director Todd Lyons, was first reported by The Washington Post. The document directs ICE to interpret portions of immigration law as categorical “prohibitions on release” after an arrest, essentially preventing certain immigrants from being eligible for bond.
The memo also advises ICE attorneys to make “alternative arguments in support of continued detention” during immigration court proceedings, even if initial legal grounds for detention are challenged.
The news comes as the Trump administration asked a federal court Monday to suspend a temporary restraining order that restricts immigration enforcement operations by U.S. Immigration and Customs Enforcement (ICE) in the Los Angeles area, following a judge’s ruling that the agency likely violated constitutional protections.
In its filing, the Trump administration argued the injunction undermines federal authority and was rushed through the court system with limited opportunity to respond. Justice Department attorneys claimed the case began as a routine petition from three detained individuals but rapidly expanded into a broader legal challenge.
“But, apparently seeking to manipulate the process of judicial assignment, the original petitioners’ counsel then filed an amended complaint adding a host of new individual and organizational plaintiffs, leveling systemic challenges to federal immigration enforcement in the Los Angeles area,” the administration wrote.