The First Circuit Court of Appeals has rejected the Trump administration’s policy of mandatory detention without bond hearings to noncitizens arrested by Immigration and Customs Enforcement in New England. This marks the seventh appellate court ruling holding that the policy of subjecting noncitizens to categorical detention without a bond hearing is unlawful.
What changed
In 2025, the federal government abandoned its 29-year understanding of a 1996 immigration law and announced that millions of noncitizens would have no opportunity to ask for release on bond if detained by ICE. The First Circuit Court of Appeals upheld a District Court ruling finding the new policy unlawful, reasoning that the federal government’s interpretation violated the relevant statutory text and congressional intent. The district court had granted partial summary judgment and rejected the government’s novel and erroneous statutory interpretation.
The First Circuit’s decision is binding on immigration courts, ICE officials, and lower courts within its jurisdiction (which includes Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island).
Why it matters
If you represent a noncitizen detained in New England after illegal entry or without inspection, this ruling entitles your client to a bond hearing regardless of how they entered the country or how long they have resided in the United States. The government’s detention policy defies decades of government practices, federal law, and fundamental due-process protections.
The government’s chief immigration judge has instructed her colleagues to ignore declaratory judgments like the one entered in this case, meaning immigration courts may still deny bond hearings in violation of this and other judicial rulings. You may need to file individual habeas petitions to enforce bond-hearing rights. The federal government must follow the law, provide bond hearings to class members, and allow those who pose no danger or flight risk to be released while immigration courts decide their cases.
Way forward
- Demand bond hearings for clients in New England ICE detention. If immigration courts deny a hearing based on entry without inspection, cite the First Circuit ruling and file a habeas corpus petition in federal court.
- Gather evidence of ties to the U.S. Long residence, family connections, employment, and lack of criminal history strengthen arguments against detention.
- Monitor compliance. Verify that the immigration court schedules and conducts a meaningful bond hearing, not a pro forma proceeding.
- Appeal denials. If an immigration judge wrongly denies bond after a hearing, seek review in the circuit court and cite First Circuit precedent.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Fola Editorial is a software company, not a law firm. Consult a licensed immigration attorney in your jurisdiction for advice on your specific situation. Immigration policy can change without notice; verify all guidance against the primary court opinion and current agency directives.