In a major rebuke to recent detention policies, U.S. District Judge Sunshine S. Sykes has ruled that non-citizens without criminal records must again be offered bond hearings, extending her earlier, narrower injunction to cover immigration detainees nationwide.
Immigration and Customs Enforcement (ICE) had eliminated such hearings in July, arguing that blanket detention was necessary to curb flight risk. The court found the change unlawful and ordered hearings reinstated within seven days. The Department of Homeland Security says it is reviewing the decision but hinted at a possible appeal.
![Federal Judge Restores Nationwide Bond Hearings for Non-Criminal Detainees]()
Practically, thousands of long-term U.S. residents who were swept up in interior enforcement—often during traffic stops far from the border—may now request release while their cases proceed. Employers relying on detained workers could regain access to employees posting bond, while corporate counsel should prepare updated Form I-9 guidance for rehiring individuals released from custody.
The ruling also underscores divergent judicial views on due process in civil detention: earlier this year the Justice Department’s Board of Immigration Appeals sided with ICE. Unless the Ninth Circuit issues a stay, immigration courts must start calendaring bond hearings immediately, raising operational questions about staffing and docket capacity.
For global-mobility teams, the message is clear: detention risk for non-criminal foreign staff has eased, but compliance protocols—from driver-license checks to emergency legal hotlines—remain essential amid shifting enforcement priorities.
Immigration and Customs Enforcement (ICE) had eliminated such hearings in July, arguing that blanket detention was necessary to curb flight risk. The court found the change unlawful and ordered hearings reinstated within seven days. The Department of Homeland Security says it is reviewing the decision but hinted at a possible appeal.
Practically, thousands of long-term U.S. residents who were swept up in interior enforcement—often during traffic stops far from the border—may now request release while their cases proceed. Employers relying on detained workers could regain access to employees posting bond, while corporate counsel should prepare updated Form I-9 guidance for rehiring individuals released from custody.
The ruling also underscores divergent judicial views on due process in civil detention: earlier this year the Justice Department’s Board of Immigration Appeals sided with ICE. Unless the Ninth Circuit issues a stay, immigration courts must start calendaring bond hearings immediately, raising operational questions about staffing and docket capacity.
For global-mobility teams, the message is clear: detention risk for non-criminal foreign staff has eased, but compliance protocols—from driver-license checks to emergency legal hotlines—remain essential amid shifting enforcement priorities.
