Can the government detain people without bond hearings just because they originally entered without

Added: 2026-05-07

[00:00:00]For 30 years prior to Trump 2, if you are in the United States and get detained by immigration, whether you entered without inspection, on a visa, overstayed, you were entitled to a bond hearing under INA 1226A. You're in the US, you get a bond hearing.

[00:00:16]Trump administration has been arguing that even if you've lived here for 20 years, if you entered the country without inspection, you're an applicant for admission under 1225B. You've never been admitted to the United States.

[00:00:27]1225B says mandatory detention, no bond.

[00:00:32]Second Circuit has just ruled on this.

[00:00:34]Second Circuit covers New York, Connecticut, Vermont. They just came down with a decision that says, "If you're in the United States, no matter how you entered, you're entitled to bonds under 1226A. You're not an applicant for admission." So, what does this mean for people in New York, Connecticut, Vermont? 1226A now rules.

[00:00:51]Other circuit courts have ruled that 1225B rules. So, here Trump is trying to expand mandatory detention, some courts are fighting back, trying to deny bond for everybody. Courts are split, and multiple circuits throughout the United States are deciding the same issue, going down different routes. So, what does this all mean? At the moment in New York, Connecticut, and Vermont, you're entitled to a bond hearing. Whether or not the judge will release you, that's a different story.

[00:01:15]They can still deny bond based on discretion. But ultimately, all of this is going to go to the Supreme Court, and the Supreme Court will make a final ruling on the law of the land. Now, why is this all shocking to some people?

[00:01:26]Because someone can be living in the United States for 20 years, have a family, job, no criminal record, and still be locked up with no bond, simply because they did not come here on a visa. Some people say, "Well, you broke the law, you're you should go to jail."

[00:01:39]Let's say that's not really fair for somebody who never committed a crime, has a family they're supporting, and been contributing to the US economy.

[00:01:46]We'll have to wait to see what the Supreme Court says, but let me know what you think in the comments.

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