A Major Victory for Immigrants: Understanding the Court's Decision

1. The Court Declares the DHS Detention Policy Unlawful (Nov. 20, 2025)

The government argued that a large group of undocumented immigrants already living inside the U.S. could be detained under 8 U.S.C. § 1225(b)(2) — a law that applies to people who are considered “applicants for admission.” The Court firmly rejected this interpretation.

💡 What does this mean in plain language?

“Applicants for admission,” according to Section 1225, applies to people who are stopped or inspected at the border, including:

• Travelers presenting themselves for entry at an airport or port of entry,

• People detained by Border Patrol at or near the border at the time of crossing,

• Anyone undergoing inspection by an immigration officer before being allowed into the U.S.

  
  

But the Court explained that this “applicant for admission” does not include people who are already living inside the U.S., entered without inspection, and were not processed by an immigration officer at the time of entry.

If you are already inside the U.S. and were never inspected or found inadmissible by an immigration officer, DHS cannot treat you as a newly arriving applicant.

The Court stated clearly:

• The INA’s language is unambiguous.

• DHS cannot expand §1225 to reach people who are already inside the U.S.

• There is no need to use legislative history, policy explanations, or agency practice.

  
  

Because of this, the Court granted the Petitioners’ Motion for Partial Summary Judgment. Put simply: The new DHS detention policy was declared unlawful as applied to this group.

2. The Court Approves Class Certification (Nov. 25, 2025)

The Court also certified a class — a Bond Eligible Class — so that these protections apply broadly to similarly situated immigrants.

✔️ Who is included in the Bond Eligible Class?

Noncitizens in the United States without lawful status who:

1. Entered without inspection (for example, crossed the border without going through a checkpoint);

2. Were not apprehended when they arrived (meaning they were not caught or processed by immigration authorities at the time of entry); and

3. Are not subject to mandatory detention, at the time DHS makes its initial custody decision, under (8 U.S.C. § 1226(c), 8 U.S.C. § 1225(b)(1), or 8 U.S.C. § 1231)

   
   

🟢 If you fall into this category, you are entitled to a bond hearing before an immigration judge. This means:

• DHS cannot simply detain you indefinitely.

• A judge must review whether you should be released on bond while your case proceeds.

  
  

Why This Matters

For many immigrant families, the possibility of detention causes fear, instability, and trauma. This decision reaffirms an important protection:

👉 You cannot be treated like someone arriving at the border if you have lived inside the U.S. without inspection.

👉 As long as mandatory detention laws do not apply, you must be given the opportunity to request a bond hearing before a judge.

This ruling limits the government's attempts to expand detention powers beyond what Congress allows.

If You or a Loved One Might Be Impacted

If you believe you or someone you care about:

• Entered the U.S. without inspection,

• Was not apprehended upon arrival,

• And is facing detention or DHS custody decisions,

  
  

You may fall within this class and be eligible for a bond hearing. If you know someone — or have a loved one — who may meet these criteria, please contact our Office immediately. Every situation is different, and timely action may protect an individual’s freedom and future.

Navigating the Immigration Process

Understanding your rights is crucial. The recent court ruling is a step toward ensuring that individuals living in the U.S. without lawful status are treated fairly. It highlights the importance of legal representation during this challenging time.

What to Do Next?

If you find yourself in a situation where you might be affected by this ruling, consider taking the following steps:

1. Gather Documentation: Collect any paperwork that supports your case, including proof of residence and any previous interactions with immigration authorities.

2. Seek Legal Help: Reach out to a trusted immigration attorney who can provide guidance tailored to your situation.

3. Stay Informed: Keep up with any changes in immigration law that may affect your status.

   
   

Contact O’Brien Law Group

We know how frightening immigration detention can be for families. We are here to guide you and stand beside you every step of the way.

📞Call: 502.400.7890

📱Text: 502.795.1870

✉️Email: sean@olglawyers.com

📅Schedule an Appointment Online: 👉https://calendly.com/admin-robrienlaw/appointment

If you’re unsure or overwhelmed, reach out. You do not have to face this process alone.

Conclusion

The recent court decision is a beacon of hope for many. It emphasizes that individuals who have been living in the U.S. without lawful status deserve protection and fair treatment. Remember, you are not alone in this journey. We are here to help you navigate the complexities of immigration law and work towards a brighter future.