By News Editor 
A federal court ruling could allow thousands of immigrants in ICE detention to request release on bond or conditional parole while their immigration cases are pending.
The ruling comes from the U.S. District Court for the Central District of California in the class-action case Lazaro Maldonado Bautista et al. v. Ernesto Santacruz Jr. The court found that some immigration detainees may be unlawfully detained and entitled to request release under federal immigration law.
As part of the decision, ICE has begun distributing a Class Action Notice to detainees explaining their potential rights.
What the Court Found
The court ruled that certain detained immigrants should be treated under 8 U.S.C. §1226(a), a section of immigration law that allows people in removal proceedings to request release on bond or conditional parole.
Under this law:
- Immigration officers may release someone on bond, meaning they pay money to leave detention.
- They may also release someone on conditional parole, allowing them to live outside detention under supervision.
- A detained immigrant may ask for a bond hearing before an immigration judge.
At that hearing, the judge decides whether the person can be released while their immigration case continues.
Why the Lawsuit Was Filed
The lawsuit challenged a government policy that treated many immigrants who entered the United States without inspection as subject to mandatory detention without bond hearings.
Advocates argued that this policy violated immigration law because many of those detainees should instead be held under §1226(a), which allows bond hearings.
The federal court agreed and certified a nationwide class, meaning the ruling applies to many detainees across the United States—not just the individuals who filed the case.
What the Notice Means for People in Detention
The official notice being distributed in detention centers tells people that they may be members of the class covered by the court ruling.
If they qualify, detainees may be able to:
- Request release on bond from ICE
- Request conditional parole
- Ask the Immigration Court for a bond hearing
At a bond hearing, an immigration judge reviews factors such as:
- Whether the person poses a danger to the community
- Whether they are likely to appear in court
- Family ties and community connections
- The length of time already spent in detention
If the judge grants bond, the person may be released after paying the bond amount.
How Many People Could Be Affected
Legal advocates say the ruling could affect thousands of immigrants detained across the United States who were previously denied bond hearings.
The case continues to be monitored in federal court as attorneys push for the government to comply fully with the ruling.
Where Detainees Can Get Help
The notice provided in detention facilities includes contact information for the lawyers representing the class.
Detainees who receive the notice and have questions about their rights can contact the class attorneys at:
(415) 343-0770
Lawyers say detainees should ask immigration officers or their attorneys about requesting a bond hearing if they believe they qualify under the ruling.