The BIA Decision Undermines Due Process for Immigrants
September 9, 2025
For Immediate Release Contact: [email protected]
Miami — Americans for Immigrant Justice (AI Justice) today expressed serious concern regarding the Board of Immigration Appeals (BIA) decision in Matter of Yajure Hurtado to strip immigration judges of their jurisdiction to conduct bond hearings or grant bond to immigrants who are in the country without authorization.
“The BIA’s decision to remove the longstanding authority of immigration judges to conduct bond hearings will subject millions of people, many of whom have lived and contributed to our nation for years, to detention without a fair judicial review of their cases,” said Sui Chung, Executive Director of Americans for Immigrant Justice. “This decision will lead to the prolonged and unnecessary detention of countless immigrants, separating them from their families and communities, if they pursue legal claims and defend themselves against deportation.”
This decision effectively removes the longstanding authority of immigration judges to grant release on bond. It also departs from established legal precedent by treating people who have lived in the U.S. for years the same as newly arriving immigrants at the border.
“This ruling represents a serious undermining of decades of legal precedent and a fundamental erosion of judicial independence,” said Chung. “This decision exacerbates the challenges faced by people in civil immigration proceedings, who are not guaranteed the right to an attorney and who face an immigration court system with a massive backlog.”
Access to legal counsel is critical in determining a person’s chances for release and securing a just outcome. Without Americans for Immigrant Justice, which never charges for its services, countless adults and children without the means to hire an attorney would be forced to navigate the complex U.S. immigration system alone, essentially denying them the opportunity for justice.
Our Detention Program regularly visits detention facilities to observe conditions, provide free legal advice, and represent clients before the immigration court and Immigration and Customs Enforcement (ICE).
If you or someone you know is in immigration detention, please call our Detention Hotline at 786-454-8554. Calls are answered live on weekdays from 9:00 AM to 5:00 PM.
For general legal assistance or to attend a free legal screening clinic, call 305-573-1106 ext. 8008 or email [email protected].
For legal assistance related to individual or mass enforcement actions prior to detention, call the RAISE Hotline at 1-888-600-5762 or visit https://raise.is.
Support Americans for Immigrant Justice by donating today at https://aijustice.org/donate. Your contribution helps us continue to provide life-changing legal services and advocate for the rights of immigrants.
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Americans for Immigrant Justice (AI Justice) is an award-winning non-profit law firm that fights for justice for immigrants through a combination of direct representation, impact litigation, advocacy and outreach. Follow us on Facebook, Twitter, YouTube, and Instagram