Monday, December 1, 2025

Will U.S. ICE Detain My Client? Understanding the New Mandatory Detention Policies

Ann Arbor Immigration Attorney


The Department of Homeland Security (DHS) recently expanded its interpretation of who can be detained by U.S. Immigration and Customs Enforcement (ICE). As of July 2025, under a broader reading of INA § 235(b), ICE now considers all “applicants for admission” subject to mandatory detention—even those without a criminal record.

Before this change, ICE typically reserved detention for individuals with criminal convictions, serious immigration violations, or national security concerns. Now, anyone who entered the U.S. without inspection may be detained without the right to a bond hearing.

This expansion has serious implications for foreign nationals living in the U.S. long-term, including those with families, jobs, and deep community ties. While DHS retains limited authority to grant parole in some situations, such releases are rare.

What You Can Do:

If you or someone you know entered the U.S. without inspection, they could be at risk for detention. Developing an “immigration action plan” — including a power of attorney, emergency contact list, and legal strategy — can help mitigate harm if ICE enforcement occurs.

Learn more about US ICE expanding mandatory detention policies here.

Protect Your Rights with an Experienced Ann Arbor Immigration Attorney

If you or a loved one may be subject to detention, don’t wait until it’s too late. An experienced Ann Arbor immigration attorney can evaluate your situation, explain your rights, and help you prepare a plan tailored to your circumstances. Contact our office today for a confidential consultation.