In July 2025, the Trump administration declared that anyone who crossed the border illegally—even decades ago—is subject to indefinite detention without a bond hearing. The policy affects millions and has kept thousands locked up for months or years while their deportation cases grind through the courts. On December 19 and 26, 2025, federal judges in Massachusetts and California certified classes and ruled the policy unlawful, potentially freeing tens of thousands of detained immigrants to seek release.
The stakes: whether the government can jail noncitizens indefinitely without a hearing, or whether the Constitution's due process protections apply even to those who entered without inspection. Over 220 judges across the country have rejected the administration's legal theory, but the government has instructed immigration judges to ignore those rulings. Multiple federal court class actions in different regions create enforcement pressure while setting up a constitutional showdown over executive detention power.
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People Involved
Sunshine Suzanne Sykes
U.S. District Judge, Central District of California (Presiding over nationwide class action challenging detention policy)
Lee Gelernt
Deputy Director, ACLU Immigrants' Rights Project (Lead counsel in nationwide bond hearing class action)
Lazaro Maldonado Bautista
Lead plaintiff and class representative (Named representative for nationwide Bond Eligible Class)
Jose Arnulfo Guerrero Orellana
Lead plaintiff in New England class action (Named representative for regional class in Massachusetts federal court)
Judge Patti B. Saris
U.S. District Judge, District of Massachusetts (Presiding over New England class action challenging detention policy)
Organizations Involved
AM
American Civil Liberties Union (ACLU)
Civil Rights Organization
Status: Lead litigation counsel challenging detention policy
The nation's premier civil liberties organization, defending constitutional rights through litigation and advocacy.
NO
Northwest Immigrant Rights Project
Legal Services Organization
Status: Co-counsel in nationwide class action
Washington-based nonprofit providing direct legal services and systemic advocacy for immigrants, asylum seekers, and refugees.
U.
U.S. Department of Homeland Security (DHS)
Federal Agency
Status: Defending mandatory detention policy in court
Federal agency responsible for immigration enforcement, border security, and detention operations through ICE and CBP.
BO
Board of Immigration Appeals
Administrative Tribunal
Status: Issued precedent stripping immigration judges of bond authority
Highest administrative body interpreting immigration law within the Department of Justice's Executive Office for Immigration Review.
AM
American Civil Liberties Union of Massachusetts
Civil Rights Organization
Status: Lead counsel in New England regional class action
Massachusetts affiliate of the ACLU defending civil liberties and constitutional rights through litigation and advocacy in New England.
HA
Harvard Immigration and Refugee Clinic
Legal Services Organization
Status: Co-counsel in New England class action
Harvard Law School clinical program providing legal representation to immigrants, asylum seekers, and refugees while training law students.
Timeline
Judge Sykes issues final judgment on bond hearing rights
Court Ruling
Court declares DHS policy unlawful, affirms all nationwide class members eligible for bond hearings under Immigration and Nationality Act.
Massachusetts federal court rules detention policy unlawful
Court Ruling
Judge Patti Saris grants partial summary judgment declaring government's denial of bond hearings to New England class unlawful. Orders seven-day deadline for posting multilingual notices in detention facilities.
Judge Sykes files final judgment in California case
Court Ruling
Final judgment filed in Maldonado Bautista affirming nationwide class bond hearing rights, following December 26 public announcement.
Federal court overrules Yajure-Hurtado
Court Ruling
Judge Sykes rejects BIA's interpretation, restoring bond eligibility for many immigrants.
Judge Sykes certifies nationwide class
Court Ruling
Court grants class certification, appoints Maldonado Bautista as representative, declares mandatory detention unlawful for entire class.
Government directs judges to ignore court orders
Policy Directive
DHS instructs immigration judges to disregard federal district court rulings blocking detention policy.
Massachusetts court certifies New England class
Court Ruling
Judge Patti Saris certifies class of individuals arrested by ICE inside United States and held in New England detention facilities.
ICE arrests Guerrero Orellana during traffic stop
Enforcement Action
Massachusetts resident Jose Arnulfo Guerrero Orellana, married father with U.S. citizen daughter and no criminal record, arrested during traffic stop he was not subject of. Denied bond hearing under July policy.
BIA issues Matter of Yajure-Hurtado decision
Administrative Ruling
Board rules immigration judges lack jurisdiction to grant bond to anyone present without admission.
ACLU files New England class action lawsuit
Legal Challenge
ACLU of Massachusetts, New Hampshire, and Maine, with Harvard Immigration and Refugee Clinic and law firms, file class action challenging bond hearing denials in District of Massachusetts.
Government provides bond hearings to plaintiffs
Compliance
DHS gives individual bond hearings to named plaintiffs; all subsequently released on bond.
Judge Sykes grants temporary restraining order
Court Ruling
Court blocks detention policy for named plaintiffs, finding balance of hardships tips sharply in their favor.
ACLU files Maldonado Bautista v. Santacruz
Legal Challenge
Class action lawsuit filed in Central District of California challenging categorical denial of bond hearings as unlawful.
DHS eliminates bond hearings for unauthorized entrants
Policy Change
Department reinterprets law to classify all who entered without inspection as applicants for admission subject to mandatory detention without bond eligibility.
Trump signs 'Protecting the American People Against Invasion' order
Executive Action
President Trump orders DHS to detain and remove all inadmissible and removable aliens, prioritizing those who threaten public safety.
Supreme Court reverses bond hearing requirement in Jennings
Legal Precedent
Court holds immigration detention statutes don't require periodic bond hearings or impose time limits, but remands constitutional questions for lower courts.
Supreme Court limits indefinite detention in Zadvydas
Legal Precedent
Supreme Court rules indefinite detention raises serious constitutional concerns, construes statute as having six-month limit after which aliens should generally be released.
Scenarios
1
Supreme Court Upholds Detention Authority, Class Loses
Discussed by: Conservative legal scholars and immigration restrictionists at the Center for Immigration Studies
The government appeals Judge Sykes' ruling and the Supreme Court's conservative majority reverses, finding that Congress granted DHS broad detention authority over those who entered without inspection. The Court distinguishes <i>Zadvydas</i> on the grounds that it addressed post-removal detention, not pre-removal detention of applicants for admission. The 36,000-person class remains in indefinite detention while removal proceedings—which currently take years due to the 3.4 million case backlog—grind forward. Immigration advocates shift strategy to lobbying Congress for statutory changes.
2
District Court Rulings Multiply, Government Capitulates
Discussed by: Immigration attorneys and analysts at the American Immigration Council and National Immigration Law Center
Over 220 judges have already rejected the administration's theory. As more district courts certify overlapping classes and issue conflicting implementation orders, the enforcement chaos becomes untenable. Facing contempt citations and unable to defend the policy in multiple circuits simultaneously, DHS quietly revises the July directive and restores bond hearing eligibility. The administration saves face by tightening bond standards—higher amounts, stricter flight risk assessments—while technically complying with court orders. Most detainees eventually get hearings but few get released.
3
Congressional Override Moots the Litigation
Discussed by: Congressional Republicans and policy experts quoted in immigration law publications
Congress passes legislation explicitly authorizing mandatory detention without bond for anyone who entered without inspection, regardless of how long ago. The law includes findings about border security and public safety, providing the clear statement of congressional intent that courts have said is missing from current statutes. Judge Sykes' ruling becomes irrelevant. The ACLU pivots to constitutional challenges, but courts defer to Congress on immigration enforcement. The 65,000-person detention population balloons toward 100,000 as the administration builds new facilities.
4
Implementation Stalemate Continues Through 2026
Discussed by: Federal court observers and immigration practitioners filing practice advisories
The January 16, 2026 status conference produces no resolution. DHS continues instructing immigration judges to ignore Judge Sykes while complying in cases where detainees file individual habeas petitions. Immigration courts operate under dueling directives—BIA precedent says no bond authority, district courts say the opposite. Outcomes depend entirely on geography and which judge hears the case. The administration runs out the clock, betting that legal confusion and resource constraints prevent most detainees from accessing counsel and filing federal lawsuits. Only sophisticated litigants with legal representation get hearings.
Historical Context
Zadvydas v. Davis (2001)
2001
What Happened
The Supreme Court confronted whether the government could indefinitely detain Kestutis Zadvydas, who had a criminal record and a deportation order but whom no country would accept. Justice Breyer wrote that indefinite detention would raise serious constitutional concerns. The Court construed the statute as having an implicit six-month limit, after which aliens should generally be released unless removal appears reasonably foreseeable.
Outcome
Short Term
Zadvydas and others in post-removal detention were released after six months when removal proved impossible.
Long Term
The decision established that due process protections apply to all persons in the United States, regardless of immigration status, though later cases narrowed its scope.
Why It's Relevant Today
The Trump administration argues <i>Zadvydas</i> doesn't apply to pre-removal detention or to those deemed applicants for admission, but civil rights groups cite it for the principle that indefinite detention without hearings raises grave constitutional problems.
Jennings v. Rodriguez (2018)
2018
What Happened
The Ninth Circuit had ruled that immigrants in mandatory detention must get bond hearings every six months. The Supreme Court reversed 5-3, holding that immigration detention statutes don't require periodic hearings or impose time limits. But the Court didn't address whether prolonged detention without hearings violates the Constitution—it sent that question back to the lower courts.
Outcome
Short Term
The immediate statutory requirement for bond hearings was eliminated, strengthening DHS detention authority.
Long Term
The constitutional question remained unresolved, leaving open challenges to indefinite detention on due process grounds—the exact argument the ACLU is making now.
Why It's Relevant Today
DHS cites <i>Jennings</i> to claim broad detention power, but civil rights advocates note the Court explicitly reserved the constitutional question that Judge Sykes now confronts: whether detaining people for years without a hearing violates due process.
Japanese American Internment and Korematsu (1944)
1942-1945
What Happened
During World War II, the government detained 120,000 Japanese Americans without individualized hearings, claiming military necessity. The Supreme Court upheld the policy in <i>Korematsu v. United States</i>, one of its most infamous decisions. Detainees were held for years in camps based solely on ancestry, not individual assessments of loyalty or danger.
Outcome
Short Term
Japanese Americans remained incarcerated throughout the war, suffering massive economic and psychological harm.
Long Term
In 1988, Congress apologized and paid reparations. The Supreme Court formally repudiated <i>Korematsu</i> in 2018, calling it 'gravely wrong the day it was decided.'
Why It's Relevant Today
Civil liberties advocates warn that categorical detention without individualized hearings echoes the internment's logic: group-based incarceration without due process. The administration counters that immigration enforcement differs fundamentally from wartime detention of citizens.
