It is now widely known that individuals who were paroled into the U.S. to be placed in removal proceedings, have shown up to court only to have the DHS terminate proceedings, and administratively issue Expedited Removal orders. As if they were just arriving at the border and applying to be admitted into the U.S.
But under a new, July 8, 2025 directive, foreign nationals are also subject to “mandatory detention” if they entered the U.S. without being inspected. Even if they entered many years ago.
Here is how it works in practice. A foreign national is brought as a child to the U.S. without any visa, passport, or inspection at the border. Many years later, the DHS detains the individual for being in the U.S. without permission.
DHS, under the new directive, will not agree to release the individual. If the individual files with the immigration court for a custody redetermination, DHS is arguing that the court has no authority to grant any bond.
The legal basis for refusing to release people is that a person who entered without being admitted or paroled, so it is argued, is as an ‘applicant for admission” without an entry document. Recently the Board of Immigration Appeals ruled that an applicant for admission is ineligible for any subsequent release on bond under Section 236(a) of the Immigration and Nationality Act. Matter of Q. Li, 29 I&N Dec 66 (BIA 2025).
Many immigration judges have denied release on bond. Many others have ordered release, ruling that a foreign national is only an applicant for admission when encountered at the border, not many years later. See 8 C.F.R. 1001.1q), defining applicant for admission.
However, DHS has the authority to appeal any bond decision, and to issue an automatic stay on the bond. More recently there has been discussion of having an automatic stay on any such bond determination.
That means, if one entered the U.S. without inspection, even many years ago, he or she may be subject to mandatory detention. So it would make sense to be prepared, especially if one has children and property that could be in jeopardy if the person is detained.
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Stephen Berman
Attorney
Immigration Attorneys, LLP
8989 N Port Washington Rd.
PH: 414.939.8099 x8401
Suite 201
Milwaukee, WI 53217
www.immattyllp.com