In Washington state, immigration judges were ahead of a shift in immigration policy, significantly affecting thousands. The denial of bond for immigrants has led to numerous lawsuits since July, challenging constitutional rights related to illegal detention.
The Trump administration faced a setback after an appeals court rejected its policy, aligning with two others, suggesting a potential Supreme Court review.
Early Changes in Tacoma
This policy shift began years earlier in Tacoma. Immigration judges at the Northwest ICE Processing Center began denying bond. Neil Floyd, one of the judges, explained that clerks extensively researched to conclude that Congress did not authorize bond grants. The practice stemmed from a 1996 law stating that “applicants for admission” must be detained, historically applied to recent border crossers without legal entry. However, those with years in the U.S. were under a statute permitting bond hearings.
Judges like Theresa Scala, John Odell, Tammy Fitting, and Floyd, with backgrounds as U.S. Immigration and Customs Enforcement lawyers, implemented this policy. Their asylum granting rates were slightly above the national average. Floyd emphasized fairness in the law, asserting that legal entrants should be detained until entry decisions are made.
Local immigration attorneys were surprised, finding no similar practice nationwide. Matt Adams, an attorney, criticized the approach as prosecutorial. His organization filed a lawsuit, accusing judges of disregarding longstanding precedents.
Impact of Judges’ Interpretation
The Trump administration later adopted this legal position. In July, ICE declared that immigrants in the U.S. without legal entry for years are “applicants for admission,” thus requiring detention. The Justice Department’s Board of Immigration Appeals supported this in September.
ICE custody numbers doubled, reaching around 75,000 in January. Plans include increasing detention capacity to 92,300 beds by November, partly through “megacenters.” Massive ICE operations further strained the system.
About 2 million immigrants, once eligible for bond, now face mandatory detention if arrested. Over 40,000 lawsuits have been filed since Trump’s return to office, indicating widespread legal challenges.
Immigrants’ Court Successes
Despite the administration’s policy, some immigrants have won court cases. Federal judges have sometimes ordered immediate release or returned cases to immigration courts.
An example is Victor Cruz, a handyman from Portland, Oregon, arrested by ICE without a warrant. Detained for 24 days, Cruz received a bond hearing and was released. He succeeded in his immigration case in February, resuming life with his family. Yet, he remains cautious, aware of potential future detentions.
Current Developments
Judge Tammy Fitting, part of the original group, continues to handle bond hearings under federal orders. She denied bond for one case due to a past legal issue but granted another significant bond despite uncertainties in legal status.
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