Immigration judges are now ordering bond amounts that previously were only used for criminals on international wanted lists, according to immigration lawyers interviewed by KPBS. Federal courts have begun intervening, but practitioners report that even court-ordered bond hearings are becoming perfunctory proceedings unlikely to result in release.
What changed
Immigration courts are no longer acting as meaningful checks on detention decisions, lawyers argue. The Trump administration’s “mandatory detention” policy has left tens of thousands of immigrants held without initial bond hearings, forcing attorneys to file habeas corpus petitions in federal district courts to obtain them.
Lawyers had filed a little more than 3,000 habeas petitions by November 2025; now they have filed more than 50,000. By and large, federal judges have been granting habeas petitions, ordering immigration judges to hold bond hearings or outright release detainees.
But the practical result is troubling to practitioners. People with no criminal records are getting unusually high bonds of $50,000. Immigration attorneys report seeing $50,000 bonds only in extreme circumstances—such as when there was an Interpol red warrant for a foreign arrest for murder.
Hearings themselves are taking minutes, not hours. Some hearings lasted less than 10 minutes. Lawyers report that judges often did not ask the government any questions and placed the burden on the immigrant, then denied bond based on risk of flight.
Federal district court judges have begun scrutinizing these outcomes. Senior federal judges have warned that immigration bond hearings may be a “sham”, with some overturning immigration judges’ decisions and ordering new hearings before different judges.
Why it matters
For practitioners handling detention and bond cases, this shift fundamentally changes strategy:
Bond hearing expectations. You can no longer assume a bond hearing—ordered by federal court or otherwise—will be a meaningful opportunity to present evidence. Clients with no criminal records and 25+ years in the U.S. are being denied release because they cannot afford $50,000 bonds, effectively converting a bond hearing into a detention confirmation.
Habeas corpus becomes primary remedy. Federal courts are now the reliable check on detention. Lawyers have begun filing habeas petitions in federal courts across the country not just to obtain an initial bond hearing, but to challenge bonds set by immigration judges as unreasonably high. Federal judges have the authority to overturn immigration judge decisions and order release or new hearings.
Evidence burden shifts. Even with a court-ordered bond hearing, federal judges are finding that immigration judges ignore evidence of ties to the U.S., family, employment, and sponsor support. Document everything: employment letters, tax returns, family relationships, community ties, sponsor affidavits. Immigration judges may not ask for it, but federal judges reviewing habeas petitions will expect it.
Timing and coordination. If a client is denied a bond hearing or given an unreasonably high bond in immigration court, filing a habeas petition in federal district court should be part of your immediate strategy, not a last resort. The federal court process has become faster and more predictable than waiting for immigration court relief.
Way forward
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Document heavily at intake. Gather evidence of ties to the U.S., family, employment, community ties, and sponsors before or immediately after detention. Federal courts reviewing habeas petitions will expect detailed factual records; immigration judges may not ask for them, but your federal appeal will need them.
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Prepare for short, adversarial hearings. If an immigration judge does hold a bond hearing, assume it will be brief and that you will bear the burden of proof. Have your evidence organized, witnesses (if possible) available, and talking points crisp. Immigration judges may not engage with government arguments, so focus on your client’s case.
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File habeas early. If your client is denied a bond hearing or given a bond that is unaffordable or unreasonable, file a habeas corpus petition in the appropriate federal district court. Federal judges are granting these petitions at high rates. Consult local federal court practice rules and habeas petition deadlines.
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Consider federal litigation as parallel track. For clients with strong ties to the U.S. and no criminal records, treat habeas corpus filing as a predictable part of the defense strategy, not a gamble. Federal courts are now functioning as the primary check on detention decisions immigration courts are failing to provide.
Disclaimer
This article explains publicly reported facts and legal trends; it is not legal advice. Every detention and bond case is fact-specific and jurisdiction-dependent. Immigration court and federal court procedures vary. You must consult a licensed immigration attorney licensed in your jurisdiction to assess your client’s individual situation, eligibility for bond, habeas corpus options, and filing deadlines. Policy and court practice can change without notice. Verify all information against the primary source linked above and current guidance from the Executive Office for Immigration Review, the U.S. Department of Justice, and relevant federal courts in your jurisdiction.