ICE Detained You or a Loved One? You May Still Have a Right to Bond.
Living in the U.S. for years with no serious record? A recent Montana federal ruling reaffirms your right to a bond hearing. Chat free and confidentially with an immigration attorney now—no obligation.
- Free, confidential attorney chat for your immigration detention or removal issue.
- Experienced immigration lawyers review your situation and explain your options.
- No obligation — the chat does not create an attorney-client relationship.
- Since a July 2025 policy change, ICE has begun treating many long-term residents as subject to mandatory detention with no bond hearing — even people who have lived in the U.S. for decades and have no criminal record.
- A recent decision out of the U.S. District Court for the District of Montana — Orozco-Ramirez v. Visser — is part of a wave of federal rulings holding that people arrested in the interior are detained under 8 U.S.C. § 1226(a) and remain eligible for an individualized bond hearing, not mandatory detention under § 1225(b)(2)(A).
- Bond Eligibility Review – We assess how long you have lived in the U.S., how you entered, and your record to determine whether you should be held under § 1226(a) with the right to a bond hearing.
- Habeas & Custody Challenges – We file habeas corpus petitions challenging unlawful or mandatory detention in the correct district of confinement.
- Bond Hearing Representation – We build the case that you are neither a flight risk nor a danger — community ties, family support, and a clean record — to win release on bond.
- Due Process Protection – We assert your constitutional right to be free from unlawful restraint, which the courts recognize for anyone physically present in the United States.
- Long-Term Resident Defense – We document your years of residence, U.S. citizen children, and deep ties to show you are not at the "threshold of entry."
- Removal Defense – We identify defenses to removal and challenge the legal basis the government uses to detain and deport you.
- Up-to-Date Legal Strategy – We apply the latest circuit court rulings (including the 2nd, 6th, 7th, and 11th Circuits) on § 1226(a) versus § 1225(b)(2)(A) to your case.
- Help for Families – We help you locate a detained loved one, understand the proceedings, and plan urgent next steps.
Use of the Immigration Due Process Chat does not create an attorney-client relationship. Conversations are for informational purposes based on what you share and are not a substitute for advice from a licensed immigration attorney about your specific case.
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Related Resources
- Learn how immigration detention and bond work at the ICE Detention Management page.
- Find a detained person or a detention facility with the ICE Online Detainee Locator.
- Understand bond and custody proceedings through the Executive Office for Immigration Review (EOIR).
- Find free and low-cost legal aid for immigrants at the National Immigration Legal Services Directory.
Immigration Detention & Bond FAQs
I've lived here for years. Can I still get a bond hearing?
Often, yes. A growing number of federal courts — including in Orozco-Ramirez v. Visser in Montana — have held that people arrested in the interior of the U.S. are detained under § 1226(a) and remain eligible for an individualized bond hearing, rather than mandatory detention under § 1225(b)(2)(A).
What changed in 2025?
In July 2025, DHS and DOJ issued a memorandum reversing a 30-year practice and began treating many interior arrivals as subject to mandatory detention with no bond hearing. Courts across the country are now ruling on whether that interpretation is lawful.
Do I have due process rights even if I entered unlawfully?
The Supreme Court has long held that the Constitution's due process protections apply to anyone physically present in the United States, regardless of how they entered. A lawyer can explain how that applies to your detention.
