A federal judge struck down a Department of Homeland Security policy implemented in July that forced most immigrants who entered the United States without inspection to remain in detention throughout their deportation process.
The decision could potentially allow the release of thousands of immigrants who have been subject to mandatory detention.
On Tuesday, California Judge Sunshine Suzanne Sykes certified a class that grants relief to migrants who “have entered or will enter the United States without inspection” and those who were not initially detained when they entered the country.
In July, DHS instituted a policy requiring ICE to consider immigrants arrested in the United States and deemed inadmissible as “admission applicants.” The policy eliminated the ability of immigrants to apply for release on bail regardless of whether they had been living in the United States for years or had a criminal record.
U.S. Customs and Border Patrol agents stand outside immigration court hearings, at the Jacob K. Javits Federal Building on June 10, 2025 in New York City. Federal agents are arresting immigrants during mandatory checkpoints, as ICE ramps up enforcement following immigration court hearings. The Trump administration has ordered officials to increase detentions to 3,000 immigrants per day.
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Under previous administrations, some migrants, even those who entered the country without inspection, could be eligible for bail and therefore could be released while their court cases continued.
Shortly after the new policy was announced, immigrant rights advocates filed a class-action lawsuit on behalf of four people detained at an ICE detention center in California who were denied bail consideration.
On July 28, Judge Sykes issued a temporary restraining order prohibiting the Trump administration from continuing to detain the four named petitioners. The people’s lawyers then proceeded to seek relief in a class action lawsuit for people subject to the ICE policy.
“Any person in the country who finds themselves in this position within the deportation process and is denied a bond hearing because they entered for the first time without inspection or without being admitted, can now obtain a bond, just as they have been for the last 30 years.” said Matt Adams, the lead attorney on the case.
