It broke my heart to share this news with my community. A few days ago, during one of my live streams, I revealed what I consider one of the hardest blows I’ve seen in over 15 years as an immigration attorney: the Board of Immigration Appeals made a decision that radically changes the landscape for detained immigrants in the United States in 2025.
Until recently, many immigrants who entered the country without documentation could fight for bail and wait for a decision on their case outside of a detention center. Now, that door has been closed…
Hello, mi gente! I’m immigration attorney María Mendoza, and in this article, I want to explain what this decision means, how it affects thousands of immigrant families, and what alternatives still exist.
What Did the Board of Immigration Appeals Decide?
The Board of Immigration Appeals (BIA) ruled that immigration judges no longer have the authority to grant bail to people who entered the U.S. illegally. In other words, if you entered the country without documents and are detained, you cannot request bail.
Before this decision, immigration judges considered three key factors when granting bail:
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Good moral character
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Flight risk
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Family and community ties in the U.S.
With this change, even if you meet these criteria, you won’t have the right to request bail.
You may also be interested in: I-601A Waiver: The Most Popular Process for Immigrants Who Entered the U.S. Illegally
What’s Happening With Detained Immigrants in the U.S. in 2025?
As we’ve seen with cases like “Alligator Alcatraz,” immigration detention centers have essentially become prisons. Reports and media coverage have documented poor conditions in these facilities: lack of proper food, limited access to medications, and many obstacles to speaking with a lawyer.
This creates psychological stress for families and detained immigrants, many of whom have no criminal history and are not “criminals,” as ICE claims. Too often, they end up accepting deportation simply to get out of detention.
Real Cases From My Experience
At my law firm, we’ve seen how challenging it is to litigate these cases. We primarily focus on humanitarian visas, like VAWA, Visa T, and Visa U, to prevent our clients from facing these situations. However, with the Trump administration’s policies and the increase in ICE raids, we’ve also had clients detained.
For example, one of my clients was detained, but we were able to stop their deportation thanks to a VAWA Visa. It was a huge victory for my client and for us. But most immigrants detained in the U.S. in 2025 face cases that are very difficult to win and are at high risk of deportation.
Is There Any Protection Against Deportation While My Case is Pending?
Fortunately, yes. As in the example above, humanitarian visas can offer protection against deportation and other benefits while the case is being processed. The best part? You don’t need to leave the U.S. for consular interviews, as the process can be carried out entirely within the country. Here’s how protection works for each visa:
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Visa U → Upon receiving a Determination of Bona Fide Letter, USCIS confirms that the case is valid and provides protection while the process continues.
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Visa T → Since August 28, 2024, USCIS has implemented the Determination of Bona Fide Letter for this humanitarian visa as well, offering temporary protection to victims of trafficking or exploitation.
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VAWA Visa → The Prima Facie Determination is a document from USCIS that indicates the case meets the minimum eligibility requirements and provides protection against deportation.
Learn more: Two Legal Alternatives to Protect Yourself If You Have a Deportation Order
What to Do If You Encounter ICE
Now more than ever, we must be careful. As I always tell my clients, “you need to behave as a little angel.” This means following the law closely: from not speeding while driving to avoiding contact with police or immigration agents. Right now, even a small mistake can have serious consequences.
If you encounter ICE during a raid, remember that the law protects you regardless of your immigration status. Keep the following in mind:
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Don’t open the door unless agents show a federal judge-signed warrant with your name on it.
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Do not share personal information or details about your immigration status.
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If you have a pending case, show your USCIS receipts or Determination of Bona Fide or Prima Facie letters (Visa U, Visa T, or VAWA).
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Tell them you want to speak with your lawyer and remain silent until you have legal representation.
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The Future of Immigration Law is at Stake
The BIA’s decision is a setback for detained immigrants denied bail. But there’s still hope, my people: many cases will continue to be litigated in federal courts where, as we’ve seen before, the Trump administration does not always win.
As an immigration attorney and the daughter of an immigrant mother, my commitment is to continue informing and defending families in our community. At The Mendoza Law Firm, we have over 15 years of experience crafting personalized legal strategies tailored to each case.
If you or a loved one is facing possible deportation, is detained, or needs help adjusting your immigration status, schedule your free evaluation here, and let’s explore all your options.
With experience, determination, and knowledge
¡La lucha sigue!
