Nationwide decision restores bond hearings for many immigrants

A federal court in California has issued a nationwide ruling that restores access to bond hearings for thousands of immigrants who entered the country without inspection and were not detained at the border. These are people the federal government has been holding without any opportunity to request release on bond.

In the recent Maldonado Bautista decision, the court rejected the federal government’s policy and the Board of Immigration Appeals’ earlier framework known as Matter of Yajure Hurtado. That policy treated all people who entered without inspection as subject to mandatory detention under section 1225 of federal immigration law, which does not allow bond hearings.

The court ruled instead that these individuals must be detained under section 1226 of federal immigration law. Section 1226 allows a person to request a bond hearing before an immigration judge. This means bond is now back on the table for many families, including families in Colorado.

The decision is an important development, but it is still early. A higher court could pause the ruling, and some immigration judges may be slow to apply it consistently. Families should move quickly to get legal advice and prepare for a possible bond hearing.

At Voces Unidas, our team is also preparing for this shift. We already provide free legal consultations to any Western Slope resident detained in the Aurora detention center. We will also consider supporting extended legal representation for bond hearings, on a case by case basis.

Colorado also has its own federal class-action lawsuit moving forward on detention practices. Advocates want to ensure that people in Colorado are protected even if the national ruling from California is paused or challenged.

Families with detained loved ones should get legal advice as soon as possible to see if bond is an option.

To see if your case qualifies for support from the Western Slope Legal Defense Fund, call 970-340-8586.