BIA Ruling ends bond for illegal entrants in US— but overstays and laid-off H-1Bs still eligible

In a landmark shift with sweeping implications for US immigration policy , the Board of Immigration Appeals (BIA) ruled on Sept 5, 2025, (in the case of Yajure Hurtado) that individuals who entered the US ‘without inspection’ (aka illegally) are no longer eligible for bond hearings.

While certain criminal offences always mandated a detention, in several other instances, immigration judges could grant a bond. Now, this ruling effectively results in detention for illegal immigrants until removal, stripping immigration judges of authority they have exercised for decades.

This decision will impact that section of Indians who entered the US illegally – it may be recalled that soon after President Trump’s swearing in, a few hundred Indians were deported on military planes to India.

Immigration attorneys hasten to point out that the ruling spares those who subsequently fall out of status. Abhinav Tripathi, immigration attorney and founder of Protego Law Group explained “Most Indian immigrants who entered lawfully and later fell out of status are still considered ‘admitted.’ This means immigration judges continue to have jurisdiction to grant them bond if they are detained,” he said.

He cited examples: An H-1B professional whose employer failed to file an extension on time, or someone who has been laid off and whose H-1B was withdrawn, may lose status but remains ‘admitted’, meaning they could seek bond if placed in custody. Similarly, an F-1 student who overstays after dropping below full-time enrollment, or an L-1 manager whose company shuts down, would fall out of lawful status but will still be eligible for a bond, if detained.

“People who were inspected into the US on a visa such as an H-1B or student visa could still be detained if they are placed in removal proceedings for a violation but they can seek bond and release. The immigration judge will evaluate whether they are a flight risk or danger to the community when granting bond as well as the likelihood of being able to successfully seek relief against removal.” added Cyrus D Mehta, founder of an immigration law firm .

“Any overstay or lapsed work authorization would not by itself erase the original fact that their initial admission to the US was lawful. The new precedent, however, falls squarely on those who crossed without inspection, a category that includes tens of thousands of Indians who arrived during recent border surges (during 2021-2024). Any such individuals finding themselves in immigration court proceedings now face the harsh reality of litigating perhaps the most consequential case of their lives from behind bars,” warned Jacksonville attorney Ashwin Sharma.

Several immigration experts view the ruling as part of a broader erosion of immigrant rights. Just days earlier, the US Supreme Court authorized Immigration and Customs Enforcement (ICE) to conduct racial profiling during detentions, compounding concerns.

Jeff Joseph, president of the American Immigration Lawyers Association, was blunt in his criticism: “Removing immigration judges’ longstanding authority will simply force detained individuals to file habeas corpus petitions and clog up already burdened federal courts. This is the latest step in President Trump’s campaign to turn immigration judges into rubber stamps rather than actual judges.”