A federal judge in Boston has raised sharp concerns that immigration courts are sidestepping court orders requiring bond hearings for detained migrants, warning that the standoff could spiral into a broader clash over the rule of law.
During a hearing in a sweeping class action, U.S. District Judge Patti Saris said she was troubled by internal guidance from the nation’s top immigration judge suggesting that immigration courts are not obligated to follow federal rulings that struck down mandatory detention without the chance to seek release on bond. Those rulings, issued by multiple federal courts across the country, found the policy unlawful.
The case before Saris challenges the government’s approach to detaining migrants who were living in the United States at the time of their arrest. Advocacy groups argue that, despite clear court decisions, immigration judges have continued to deny bond hearings, effectively nullifying those rulings in practice.
At the center of the dispute is an internal message sent to immigration judges stating they were not bound by a separate federal court order from California addressing the same detention policy. Immigration judges operate within the Justice Department rather than the federal judiciary, a structural divide that has now become a flashpoint.
Saris said she was unsettled by the apparent reversal. Only days earlier, the court had been told that bond hearings in New England had resumed. The new guidance, she suggested, looked like resistance from within the executive branch — though she stopped short of placing blame on any one official.
With thousands of detainees potentially affected, the judge acknowledged that a broader resolution may be unavoidable. She indicated the issue is likely headed to the U.S. Supreme Court, given the conflicting interpretations now playing out nationwide.
In the meantime, Saris ordered new steps to ensure detainees know how to seek release if bond hearings are denied, even as related legal challenges move forward through a slower process.
The stakes are high. Immigration detention has surged dramatically, with the detained population jumping by nearly three-quarters over the past year, according to recent estimates. As appeals multiply and lower courts issue diverging signals, Saris warned that uncertainty will persist — and that, for now, people will continue to sit in detention while the system wrestles with itself.
