The Board Of Immigration Appeals Broadens Detention Powers

On September 5^th, 2025, the Board of Immigration Appeals (BIA) held that individuals who have entered the United States without inspection are not entitled to a bond hearing before an immigration judge. This applies even to those who have lived here for many years and are pursuing lawful status in the Immigration Court, such as asylum or green card status.

For decades, established precedent drew a clear line between those who were at the border seeking admission and those who were already inside the country. Those encountered at a port of entry were subject to detention by Immigration and Customs Enforcement (ICE) under the

Immigration and Nationality Act (INA), which is not reviewable by an immigration judge. But once someone was inside of the U.S., the INA gave immigration judges discretion to decide whether detention was justified at a bond hearing.