New Ruling on Detention of Illegal Immigrants

The Department of Justice (DOJ) Committee, which is the leading authority on federal immigration laws, has announced that undocumented immigrants residing in the United States can be subject to mandatory detention as outlined by the Immigration Nationality Act (INA).

Last week, the Immigration Appeals Committee provided a significant clarification while ruling in a case involving a Venezuelan national who appealed after a federal immigration judge denied them a bond hearing.

Upon reviewing the situation, the Immigration Appeals Committee stated that undocumented individuals are indeed subjected to forced detention and must undergo bond hearings before a federal immigration judge.

According to the committee, “The issue at hand involves statutory construction. The INA mandates that all applicants, including those who entered without inspection and have lived in the U.S. illegally for extended periods, must face detention during immigration proceedings,” as the Immigration Appeals Board noted.

The ruling further clarified: “According to a clear interpretation of the INA, we uphold the immigration judge’s decision that he lacked authority over the bond request. Individuals residing in the U.S. without proper admission are considered applicants for admission, and must be detained throughout the removal process.”

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It was also pointed out that those who entered the country illegally remain applicants for admission unless they have been legally processed by immigration officials. Simply crossing the border without inspection does not equate to “entry.” Furthermore, a person cannot claim admission if apprehended under a warrant and is subjected to removal procedures. Consequently, “the immigration judge does not have the power to reassess the custody of individuals who present themselves at a port of entry, nor can they alter the custody terms for those who crossed the border illegally,” regardless of how long they have been in the country.

Tricia McLaughlin, a spokesperson for the Department of Homeland Security (DHS), described the decision as “a significant victory for us.” She noted how Immigration and Customs Enforcement (ICE) lawyers are now empowered to detain undocumented immigrants awaiting deportation.

In July, ICE communicated that illegal immigrants aren’t eligible for bond hearings as they fall under mandatory detention protocols dictated by the INA.