By Prime Path Immigration Law Firm Limited USA, on Immigration Updates
On September 5, 2025, the Board of Immigration Appeals (BIA) issued a decision denying bond and requiring mandatory detention for anyone who entered the U.S. unlawfully, regardless of how long they have been in the country. The BIA’s decision points to the plain language of Section 235 of the Immigration and Nationality Act (INA), finding that it requires mandatory detention for migrants who came to the U.S. illegally. The BIA’s decision abandons the established practice since 1996 where Section 235 of the INA applied to border inspections while Section 236 applied to interior immigration enforcement, which is a significant departure from decades of precedent that allowed bond hearings for many immigrants already living in the United States.
The underlying case at the BIA involves an individual who entered the U.S. unlawfully in November 2022 and was later grated Temporary Protected Status (TPS). After the TPS expired in April, the U.S. Immigration and Customs Enforcement (ICE) detained the migrant six days later, charging him as removable for being a noncitizen present in the U.S. without having been lawfully admitted.
Immigration attorneys are calling the decision a “perversion of the law” that could subject millions of people to indefinite detention while their cases work through the backlogged immigration system. The ruling leaves detained immigrants with three limited options: remain in custody for the duration of their court cases, agree to voluntarily leave the country, or file habeas corpus petitions in federal court, an option that is ultimately only available to those with sufficient resources and access to legal expertise.
Legal challenges are already underway, with attorneys arguing the new decision creates major constitutional issues by potentially subjecting 7 million people to mandatory detention without due process protections previously available under established immigration law.
