For decades, a person arrested by ICE after years of living in the United States could ask an immigration judge to be let out while their case went on. The judge asked two questions: are you dangerous, and will you run? If the answers were no, you paid a bond and went home to wait.
In July 2025 ICE stopped asking. The agency adopted a new reading of the Immigration and Nationality Act under which anyone who entered without permission, however long ago, is still "seeking admission" and must be jailed for the whole of their case. No judge weighs danger or flight. There is no bond hearing at all.
On 1 October the Supreme Court agreed to decide whether that reading is lawful. The case, Rhoney v. Barbosa da Cunha, is likely to be argued early next year, with a ruling by the end of June (CBS News). Until then the policy stays in force.
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