U.S. ICE Expands Mandatory Detention Policies for Foreign Nationals

ANN ARBOR, Mich. - Rezul -- The Department of Homeland Security has significantly expanded the scope of its immigration detention policies, now requiring the mandatory detention of all "applicants for admission" under a new interpretation of INA § 235(b).

Under the July 2025 policy change, U.S. Immigration and Customs Enforcement (ICE) is detaining individuals who entered the country without inspection or legal admission — regardless of whether they have a criminal record, family in the U.S., or long-term residence. Previously, detention was typically limited to those with criminal convictions or serious immigration violations.

The Board of Immigration Appeals reinforced this shift in Matter of Q. Li (May 2025), confirming that individuals apprehended shortly after entering without inspection are not entitled to bond hearings. While DHS retains limited discretion to release detainees on parole under INA § 212(d)(5), such decisions remain uncommon.

"This expansion marks one of the most sweeping changes to immigration detention policy in recent years," said Nicole Mackmiller, an Ann Arbor immigration attorney (https://www.psedlaw.com/learn/more/will-us-ice-detain-you-ann-arbor-immigration-attorney) at Pear Sperling Eggan & Daniels, P.C. "Foreign nationals—especially those without lawful entry—should take proactive steps to prepare in case of ICE enforcement."

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The firm recommends that individuals at risk of detention create a detailed contact list, execute a Durable Power of Attorney, and prepare an immigration action plan that includes key documents and emergency contacts. For more information or to schedule a consultation with an Ann Arbor immigration attorney, contact Pear Sperling Eggan & Daniels, P.C. today.

About Pear Sperling Eggan & Daniels, P.C.: Pear Sperling Eggan & Daniels, P.C. is one of the oldest law firms in Washtenaw County, Michigan. Founded in 1948, Pear Sperling has adapted with the ever-changing needs of clients and flourished into a well-respected and successful law firm, trusted by clients, judges and other attorneys. Top Rated Michigan Superlawyers^®, AV^® rated, and their attorneys are held to the highest rating possible based on peer review. https://www.psedlaw.com