📢 Important Legal Update: Federal Court Confirms Bond Rights for Certain Immigrants Already in the U.S.
- O'Brien Law Group
- 6 days ago
- 3 min read
A recent court decision from the United States District Court for the Central District of California has delivered a major victory for many immigrants living in the United States without lawful status — especially those who entered without inspection and were not detained at the border.
This comes from the case Maldonado Bautista v. Santacruz, Jr. et al., Case No. 5:25-cv-01873, where the Court issued two major rulings in November 2025:
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 an “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:
Entered without inspection (for example, crossed the border without going through a checkpoint);
Were not apprehended when they arrived (meaning they were not caught or processed by immigration authorities at the time of entry); and
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.
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.