DOJ Panel Makes Clear: Illegal Aliens Are Subject to Mandatory Detention
Immigration and Customs EnforcementICE
John Binder8 Sep 2025104
The Department of Justice’s (DOJ) Board of Immigration Appeals, the nation’s top panel for interpreting federal immigration law, is making clear that illegal aliens living in the United States are subject to mandatory detention, as required by the Immigration and Nationality Act (INA).
Late last week, the Board of Immigration Appeals made the sweeping clarification as part of a ruling in a case involving an illegal alien from Venezuela who made an appeal to the board after he was denied a bond hearing by a federal immigration judge.
In its review of the matter, the Board of Immigration Appeals made clear that illegal aliens living in the United States are subject to mandatory detention and therefore ineligible for a bond hearing before a federal immigration judge.
“The issue presented on appeal is one of statutory construction: Does the INA require that all applicants for admission, even those like the respondent who have entered without admission or inspection and have been residing in the United States for years without lawful status, be subject to mandatory detention for the duration of their immigration proceedings, and thus the Immigration Judge lacks authority over a bond request filed by an alien in this category?” the Board of Immigration Appeals wrote.
The ruling further states:
https://www.breitbart.com/politics/2025/09/08/doj-panel-makes-clear-illegal-aliens-are-subject-mandatory-detention/