AILA: BIA’s Decision Ignores Decades of Precedent, Stripping Immigration Judges of Bond Authority

WASHINGTON, DC – On September 5, 2025, the Board of Immigration Appeals (BIA) issued a precedential decision in Matter of Yajure Hurtado affirming that immigration judges lack jurisdiction to conduct bond hearings or grant bond to individuals who are present without admission.

Jeff Joseph, President of the American Immigration Lawyers Association (AILA) stated, “Supposedly the BIA is basing this determination on a ‘plain language reading’ of the law, but that interpretation has already been rejected by numerous federal courts, and I am confident it will continue to be rejected.  Removing immigration judges’ longstanding authority to decide whether someone should be detained while they await civil court hearings will simply force detained individuals to file habeas corpus petitions and clog up the already burdened federal courts. This is the latest step in the president’s campaign to turn immigration judges into rubber stamps rather than actual judges. This decision will put billions of taxpayer dollars in the pockets of private prison companies and irredeemably damage American families, businesses, and communities. Congress needs to stop the Trump Administration’s weaponization of the immigration courts and protect the integrity and fairness of America’s courts.”

AILA Executive Director Ben Johnson added, “Stripping immigration judges of their authority to conduct bond hearings or redetermine custody for potentially millions of people is a terrible plan. For no good reason, people who have been waiting patiently for years to get a fair day in court are now going to be scooped up and locked away. In practice, this will virtually eliminate bond for people no matter how long they’ve lived here and whether they have jobs and contribute to our nation. Subjecting huge numbers of people to detention without letting a judge review their situation, often in inhumane conditions, will cause irreparable harm. AILA members aren’t giving up and stand ready to advocate for their clients who may be eligible for parole, a power still in the hands of immigration judges, at least for now.”