Understanding Mandatory Detention

Recent policies announced by Immigration and Customs Enforcement, new legislation signed into law, and unusual legal interpretations by the Board of Immigration Appeals have all led to a significant uptick in ICE detentions since January 2025. As advocates, our goal in every case where a client is detained is to secure their release, if at all possible. However, in many cases recently, ICE is claiming that the noncitizen cannot legally be released or even get a bond hearing, under a theory that