🚨 ICE Can Now Detain You Without Bond — Except in Massachusetts (For Now)
A recent decision by the Board of Immigration Appeals (BIA) dramatically expanded mandatory detention for people who entered the United States without inspection (without a visa).
In plain English: ICE can detain you with no bond while your immigration case is pending.
👉 The major exception right now is Massachusetts and the First Circuit, where a federal court has blocked this interpretation and bond hearings remain available.
What Did the BIA Decide?
In September, the Board of Immigration Appeals (BIA) issued a decision interpreting the Immigration and Nationality Act in a way that had never been applied before.
According to the BIA:
Anyone who entered the U.S. without inspection is subject to mandatory detention
ICE may detain that person for the entire duration of their immigration court case
No immigration judge — and no court at all — has authority to release them on bond
This represents a radical expansion of detention authority.
It is a twisted and highly convoluted reading of the statute, and one that many immigration attorneys believe will not survive full federal court review.
The Reality Right Now
But for now, this is the position of the Government and of the Chief Judge of the Immigration Court.
While it is true that a nationwide class was certified in California and a federal judge there struck this interpretation down, Immigration Courts outside of Massachusetts are largely ignoring that ruling.
Even more concerning, the Fifth Circuit upheld this interpretation on February 6, 2026.
👉 So for now, outside of Massachusetts, this is the law as it is being enforced.
The Critical Exception: Massachusetts and the First Circuit
This issue has already reached federal court, and the District of Massachusetts ruled that:
People arrested in Massachusetts or otherwise within the boundaries of the First Circuit — which includes Maine, New Hampshire, Rhode Island, and Vermont, as well as Puerto Rico —
And people whose cases fall under the jurisdiction of the Massachusetts Immigration Courts
👉 Are NOT subject to this expanded mandatory detention rule.
They are entitled to a bond hearing before an immigration judge.
In fact, the lead plaintiff in this case has already had his bond hearing and was released on a $3,500 bond.
Why This Matters So Much
Historically, mandatory detention applied mainly to people placed in expedited removal — usually individuals apprehended shortly after entering the U.S., often near the border.
While recent administrations expanded expedited removal (now up to two years after entry), no one had ever applied these detention rules to everyone, regardless of how long they had lived in the United States.
What the BIA did was take:
Rules meant for recent arrivals, and
Apply them to anyone who ever entered without a visa
Even if that person:
Has lived in the U.S. for 10, 15, or 20 years
Has children, a steady job, and deep community ties
Has never had prior immigration enforcement issues
A Real-World Example
Shortly after this decision, I received a call about a man who:
Walked across the border 16 years ago
Has lived and worked in the U.S. ever since
Has children and an established life here
Was picked up during a routine traffic stop
Unfortunately, he was not detained in Massachusetts.
As a result:
He is being held as a mandatory detainee
He was not even allowed to ask an immigration judge for bond
👉 Had he been picked up in Massachusetts or elsewhere in the First Circuit, he would now be entitled to a bond hearing under the federal court ruling.
What Happens Next?
This issue is actively being litigated in federal courts, and developments are happening quickly.
For now:
Outside Massachusetts and the First Circuit: ICE is enforcing expanded mandatory detention
Within Massachusetts and the First Circuit: detainees retain the right to a bond hearing
This is one of the most volatile and fast-moving areas of immigration law right now.
What Should You Do If You or a Loved One Is Detained?
Do not assume nothing can be done
Jurisdiction matters — a lot
Speak with an immigration attorney immediately, even if the situation seems hopeless
Cases that once looked impossible are now very much in play.
If you or a loved one has been detained by ICE, do not assume there are no options. Immigration detention rules are changing rapidly, and where the arrest happened can make all the difference.
Even if you have been told your case is “mandatory detention” or that bond is not available, it is still worth speaking with an attorney who is actively following these developments.
Contact Us
📞 Call or text: 978-459-8359
🌐 Visit: www.attorneyhaskell.com
The right advice, at the right time, can change everything.