A major federal court decision in the case entitled Maldonado Bautista v. Ernesto Santacruz Jr. et al. in Central District of California (being decided by Federal Judge Hon. Judge Sunshine Sykes) has given hope to undocumented immigrants [with no criminal history] who are arrested and detained by U.S. Immigration and Customs Enforcement (ICE).
For months, Trump administration’s draconian detention policies of blocking anyone asking for release on bond after ICE arrest and detention had made it difficult or impossible for many people without criminal histories to ask a judge for a bond hearing.
Now, a judge’s ruling has reaffirmed that tens of thousands of immigrants detained inside the United States can again request bond hearings while their immigration cases proceed.
What Changed?
Under a controversial ICE policy implemented in 2025, the government began classifying many undocumented immigrants as “mandatory detention” cases — meaning no bond hearing before an immigration judge — even if the person had lived in the U.S. for years and had no criminal record. This sweeping interpretation effectively denied bond eligibility to long‑term residents who were arrested in interior enforcement operations. (NILC)
In response, immigrant rights groups filed lawsuits challenging this no‑bond practice. A federal district judge recently vacated the legal basis for denying bond hearings and held that immigration officials must comply with longstanding law and court precedent by offering bond hearings to those who would otherwise be eligible. The judge’s order applies nationwide to people covered by the class action and restores access to the bond process that dates back decades.
Why This Matters for Non‑Criminal Immigrants
Historically, most undocumented immigrants who have no disqualifying criminal convictions and are not considered flight risks could request a bond hearing before an immigration judge during removal proceedings. At these hearings, they could argue for release while their case moves through the court system. An immigration judge decides whether to grant bond and, if so, sets the amount based on factors like ties to the community, employment history, and risk of flight.
The Trump administration’s reinterpretation had reversed that practice, stripping many people of this opportunity and leading to extended detention even for low‑risk individuals who pose no threat to public safety or the community. But with the recent court order, people in this position may once again be able to be released on bond so they can return to their families and lives while they pursue relief in immigration court. (NILC)
Who Is Likely Impacted
The restored bond eligibility primarily helps non‑criminal undocumented immigrants who:
- Have been arrested by ICE inside the United States;
- Are placed in immigration detention without any disqualifying criminal convictions; and
- Were previously denied a bond hearing under the broad “mandatory detention” policy.
This includes people who have lived in the U.S. for many years, contributed to their communities, have U.S. citizen family members, and who otherwise would have been eligible for bond if detained under older legal interpretations.
What This Ruling Does and Does Not Do
The court’s decision does not automatically release detained immigrants or guarantee that every bond request will be granted. Instead, it requires that immigration judges hold bond hearings and give detained individuals the opportunity to make their case for release. The judge will then evaluate whether bond is appropriate based on the person’s individual circumstances.
In other words:
- People formerly denied bond will once again have the chance to ask a judge for release;
- Immigration Lawyers may renew petitions for Bond even if denied before;
- The court must hear the request rather than dismissing it out of hand; and
- The burden may be on the detained person to show they are not a flight risk or danger to the community.
A Boost for Constitutional Due Process
Shepelsky Law Group and many other immigrant advocates view the ruling in Maldonado Bautista as a reaffirmation of the constitutional principles of due process. Bond hearings help prevent indefinite detention without recourse, allowing individuals — especially non‑criminal immigrants — to remain with their families, maintain employment, and better prepare their legal cases outside of a detention center.
What You Should Do If You’re Detained
If you or a loved one is detained by ICE and eligible for a bond hearing under this ruling:
- Seek legal representation immediately.
- A bond hearing must be requested from an immigration judge.
- An attorney can help prepare arguments showing strong community ties and low risk of flight.
- Evidence like proof of employment, family connections, and history in the U.S. can strengthen your case.
How Shepelsky Law Group Can Help
Non‑criminal undocumented immigrants now have a clearer path to fight for bond and avoid prolonged detention — but navigating the legal system can be complex. Contact Shepelsky Law Group today for experienced guidance if you or a loved one is facing immigration detention. Our attorneys are ready to help you understand your rights and build a strong case for bond.
📞 Call Shepelsky Law Group: (718) 769‑6352
📅 Book your consultation with us directly: https://shepelskylaw.cliogrow.com/book
This ruling offers renewed hope for many families — don’t wait to protect your rights.