Federal government orders many immigrants to be held in ICE custody without bond
Sep 9, 2025, 2:03 PM | Updated: 3:36 pm
SEPTEMBER 08: Federal agents detain a man after exiting a court hearing in immigration court at the Jacob K. Javitz Federal Building on September 08, 2025 in New York City. The federal government has ordered ICE to keep thousands of immigrants in their custody without the option for them to post bond.(Michael M. Santiago/Getty Images)
(Michael M. Santiago/Getty Images)
SALT LAKE CITY— The federal government has ordered ICE to keep thousands of immigrants in their custody without the option for them to post bond.
This comes after a ruling from the Department of Justice’s Board of Immigration Appeals.
Normally under U.S. immigration law, immigrants can post a bond to leave ICE custody if an immigration judge finds they are not a threat to the community or a flight risk. Then they can be out on their on recognizance until their deportation case is ruled on.
Remaining in ICE custody, with few options
But now, under this new ruling, immigrants who entered the country without a legal status, even if it was 20 years ago and they’ve committed no other crimes, they must remain in ICE custody without the option of posting bond.
This rule does not apply to immigrants who entered the country with a legal status, even if they no longer have one when they’re detained by ICE.
“[This] literally turns immigration law on its head,” said Utah immigration attorney Adam Crayk. “I haven’t seen a ruling like this in my career.”
Crayk told KSL NewsRadio he thinks this ruling deals a heavy blow to due process.
“You’re essentially civilly detaining somebody, and let’s not mince words, civil detention for immigrants is the same as being incarcerated as a criminal. Or worse. But you’re now not letting them represent themselves to try and get out.”
Dilemma: stay in ICE custody for months, or leave
Crayk said this ruling leaves many immigrants in a difficult spot. It forces them to either stay in ICE custody for months or they have to voluntarily leave the country. But, if they take door number 2, they are escorted to their plane without the ability to speak to their families or get their affairs in order.
“So if they own a house or if they have children who are born here, who are citizens and they are the primary caregiver, then we have to scramble to try and get a power of attorney done,” Crayk said.
“It causes all sorts of scrambling and then it places a lot of burden on the system.”
Crayk said he does expect appeals to be filed against this ruling in court at the circuit level, which he thinks will likely reach the U.S. Supreme Court at some point. But even then it could take months or even years for that process to play out.
KSL NewsRadio has reached out to local ICE offices, who said there was nobody there that could comment on this matter.
Federal ICE officials had not responded to KSL NewsRadio’s request for comment at the time of publication.
Crayk also reached out to federal immigration prosecutors to see if they would offer comment to KSL on this story, but according to Crayk, they were told they are not allowed to comment.
