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A major development in immigration enforcement has sparked national debate, and Attorney Susham Modi was invited to News Radio WBAP to break down what this change could mean for families and individuals navigating the U.S. immigration system. The full interview can be viewed here on YouTube.
In his conversation with WBAP, Attorney Modi addressed a controversial new policy from Immigration and Customs Enforcement (ICE) that would block many detained immigrants from even requesting a bond hearing — a longstanding legal avenue that allows individuals in immigration custody to seek release while their court case proceeds.
A Radical Shift in Policy
For decades, the bond hearing process has been a crucial part of immigration law. Bond does not remove a person from deportation proceedings; it simply allows them to fight their case outside of detention.
Immigration judges typically consider two main factors when deciding to grant bond: whether the person is a flight risk, and whether they pose a danger to the community. If someone has no significant criminal history and strong ties to the U.S., such as children, spouses, or a steady job, they’ve historically had the opportunity to seek bond.
Under the new ICE policy, individuals in detention can still request a bond hearing, but the government is now arguing that most of them should not be granted bond under the new criteria.
The Washington Post first reported the shift, noting that this move could impact millions of immigrants who would otherwise have had the opportunity to argue for release while their immigration case proceeds.
A Financial & Logistical Burden
The recent ICE directive has raised serious concerns among immigration advocates due to its lack of a clear legal foundation. “We don't know what law they're citing for it because this is so extreme. It's never been argued before,' said Attorney Modi.
Beyond the legal implications, the policy is poised to strain an already burdened immigration court system. Attorney Modi referenced the Supreme Court’s Zadvydas decision, which bars indefinite detention and places tight time constraints on resolving cases for individuals in custody. “That’s going to be incredibly difficult for judges to do,” he warned, especially given the limited resources and lack of new funding allocated for immigration judges.
There are also financial consequences. With fewer opportunities for bond, detention periods will lengthen — at a cost to taxpayers. “There’s been rough estimates of over $200 a day that the taxpayers are going to be paying while somebody’s in court,” Attorney Modi noted. The combination of rising costs, constrained court resources, and reduced judicial discretion threatens to deepen existing backlogs and compromise due process protections.
Legal Challenges Likely on the Horizon
Though ICE’s policy has already begun to take effect, it’s unlikely to go unchallenged. “There are already bonds that immigration judges have still issued because they think they have the power to do it,” Attorney Modi noted, pointing to potential friction between ICE and immigration judges.
Legal advocates and immigration law organizations are evaluating litigation options. “There are going to be lawsuits," predicts Attorney Modi. If these cases reach federal courts, they could reshape the balance of power between ICE and the judiciary. Appeals could eventually reach the Board of Immigration Appeals, circuit courts, and even the U.S. Supreme Court. However, that process will take time, and it’s a long road for someone detained and facing removal today.
Know Your Rights & Your Options
If you or a loved one are currently in immigration detention and being told that a bond hearing is not available, you’re not alone — and you do have options. Every case is different, and the legal arguments surrounding this new ICE policy are still evolving. It's important that you seek out representation from a legal advocate who understands the current state of the law and can help you navigate these challenges.
Attorney Susham Modi continues to monitor this policy closely, and he remains committed to advocating for those impacted by it. Whether it’s fighting for release in immigration court or pursuing appeals through the legal system, our firm stands ready to provide informed and compassionate guidance during this critical time.
Watch the Full Interview
To hear Attorney Modi’s full comments on this important issue, watch the full WBAP interview here.
Facing Bond Denial in Immigration Court? Our Houston Immigration Bond Attorney Is Here to Help.
If you or someone you care about is currently in detention and being denied bond under the new ICE policy, now is the time to act. The law is shifting quickly, and your future could depend on how you respond in the days ahead.
Schedule a confidential consultation today by calling (832) 514-4030 or reaching out online. We are here to offer guidance, representation, and advocacy when it matters most.