ICE Detention Without Bond: Asylum Seekers Held for Months
A man from Burkina Faso has spent 19 months in U.S. immigration detention — every single day of his time in America — without ever being charged with a crime. A 2025 ICE policy memo eliminated bond hearings for millions of undocumented immigrants, and the detained population has since nearly doubled, from 39,000 to 71,000. The Supreme Court will not weigh in until October 2026, leaving tens of thousands of people in legal limbo right now.
A man from Burkina Faso has spent every single day of his 19 months in the United States inside an immigration detention center — first at Port Isabel in Texas, then at Delaney Hall in Newark, New Jersey. He fled his village in May 2024 after an armed group gave residents two days to leave. He crossed the Darién Gap on foot, was held at gunpoint four times, and turned himself in to U.S. border agents to ask for asylum. He has never been charged with a crime. He still has no release date.
A Policy Change That Locked the Door on Bond Hearings
His situation is not an accident. A memo issued by Acting ICE Director Todd Lyons on July 8, 2025, changed how the agency reads the Immigration and Nationality Act (INA — the main federal law governing immigration). Under the new interpretation, millions of undocumented immigrants — including people with no criminal history who are already living in the U.S. — are subject to "mandatory" detention. That means ICE can hold them without offering a bond hearing, which is the court proceeding where a judge decides whether someone can be released while their case is decided. According to experts cited in the reporting, the detained population in ICE custody jumped from 39,000 to 71,000 after the policy took effect. The Supreme Court is scheduled to hear Genalo v. Black, a case that will settle the legality of this policy, when its next session begins in October 2026.
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At Delaney Hall, roughly 10,300 immigrants were arrested by ICE and held there between May 2025 and March 2026. Over 70% had no criminal history. Conditions inside, according to five letters smuggled out by detainees between February and May 2026, include moldy food, nighttime headcounts at 2 a.m., week-long waits to see a doctor, and pressure to sign voluntary departure agreements — sometimes followed by months of continued detention even after signing. DHS disputed most of these claims in a written statement to Documented, saying conditions were adequate and detainees had access to due process, reading materials, and medical care. DHS did not specifically address allegations of tear gas use, nighttime counts, or detainees being held after signing voluntary departure orders. The GEO Group, which operates Delaney Hall under a government contract worth $1 billion awarded in February 2025, did not respond to requests for comment.
The man from Burkina Faso told Documented that he passes time by reading the only material available to him: GEO Group's own rulebooks, written in Spanish. He is learning the language from them. His wife gave birth to their third child — a daughter — while he has been detained. He has never met her. "If you're so sick that you're going to die within a week," he said of the medical wait times, "then you're going to die." Leena Khandwala, managing attorney for the Detention and Deportation Defense Initiative at Rutgers Law School's Immigration Rights Clinic, told Documented that even when a circuit court rules against mandatory detention, it does not automatically free anyone — it only allows detainees in that jurisdiction to request a bond hearing before a judge.
What to Do If You or Someone You Know Is in ICE Detention
- Request a bond hearing immediately. If you are detained, ask your attorney or a legal aid organization to file a motion for a bond hearing (immigration bond hearing). Depending on which federal circuit you are in, a judge may be able to review your case even under the current mandatory detention policy.
- Contact a nonprofit immigration legal clinic. Organizations like Rutgers Law School's Immigration Rights Clinic, RAICES, or the ACLU's Immigrants' Rights Project provide free or low-cost help. Do not sign any voluntary departure or deportation agreement without speaking to a lawyer first.
- Document everything in writing. If you are inside a detention center, write down dates, names, and what happened — including any medical requests, denied visits, or pressure to sign documents. These records can support a habeas corpus petition (a legal request asking a court to review whether your detention is lawful).
- If you are outside detention, consult an immigration attorney now. The legal ground is shifting fast. The Supreme Court will hear arguments on mandatory detention in October 2026. An attorney can assess your specific risk and help you prepare before enforcement reaches you.
A full breakdown of this topic — in our guide “How to Apply for Asylum”.
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Under the current mandatory detention interpretation of the INA, your most direct legal tool is a habeas corpus petition filed in federal district court — this asks a judge to rule on whether ICE has the legal authority to hold you without a bond hearing. The Fifth Circuit's back-and-forth ruling in July 2026 shows how unstable this area of law is, which means the outcome depends heavily on which circuit you are in and which judge hears your case. Do not sign a voluntary departure order without counsel present, and consult an immigration attorney as soon as possible to assess your options before the Supreme Court's October ruling changes the landscape again.
Frequently Asked Questions
Can ICE hold me indefinitely without a bond hearing?
Under the current ICE policy, yes — the agency is interpreting the Immigration and Nationality Act (INA) to require "mandatory" detention for many undocumented immigrants, including those with no criminal history. However, federal courts have issued conflicting rulings on whether this is constitutional. The Supreme Court will hear a case on this issue when its session begins in October 2026. Until then, a habeas corpus petition filed in federal court may allow a judge to review your specific detention.
What is a bond hearing and how do I request one?
A bond hearing is a court proceeding where an immigration judge decides whether you can be released from detention while your case is decided, usually by paying a cash bond. To request one, you or your attorney must file a motion with the immigration court. Under the current mandatory detention policy, many people are being denied this right — but an attorney can argue that you qualify for a hearing based on your specific circumstances or the jurisdiction you are in.
If I sign a voluntary departure agreement, will ICE release me?
Not necessarily. Detainees at Delaney Hall and other facilities have reported being held for two to three months after signing voluntary departure orders. Do not sign any document agreeing to leave the U.S. without first speaking to an immigration attorney. Once you sign, you may lose the right to apply for certain immigration benefits in the future.
I am seeking asylum. Can ICE still detain me?
Yes. Under the current policy, ICE can detain asylum seekers — including people who turned themselves in at the border to request protection — without offering a bond hearing. Having a pending asylum application does not automatically protect you from detention. An immigration attorney can help you file for a credible fear interview, pursue your asylum case from inside detention, or seek release through a habeas corpus petition.