A federal judge in Massachusetts has ruled that immigrants detained by U.S. Immigration and Customs Enforcement (ICE) across New England must be granted bond hearings, a decision hailed as a vital reinstatement of due process rights.
Judge Patti B. Saris, of the U.S. District Court of Massachusetts, issued the ruling on December 19, 2025, following a class-action lawsuit filed by the ACLU chapters in Maine and Massachusetts. The lawsuit claimed that ICE and Customs and Border Protection have been unlawfully classifying noncitizens under Section 235(b) of the Immigration and Nationality Act—a statute intended for recent border arrivals—thus denying bond hearings to individuals who have been living in the U.S. for years and have no serious criminal history.
The ruling reinstates the right of “potentially thousands” of migrants in Massachusetts, Maine, New Hampshire, and Rhode Island to have bond hearings before an immigration judge—a process designed to assess whether an individual poses a flight risk or threat to the community.
ACLU attorney Max Brooks emphasized, “They would have a chance to show that they’re not a danger to the community or a flight risk and to be able to continue their removal proceedings with their families in their communities.” He noted that ICE deviated from longstanding legal practice to deny this procedural safeguard.
Judge Saris has mandated that within two weeks, the federal government must notify all currently detained individuals covered by the ruling and provide them with access to telephones to reach counsel.
The government’s use of Section 235(b) to withhold bond hearings has been criticized by federal courts across the country. Judge Saris’s decision aligns with similar rulings in other jurisdictions, affirming that ICE’s expanded detention powers surpassed statutory limits. [mainepublic.org], [visaverge.com]
Broader Implications
- Class-action certification: In November 2025, Judge Saris authorized class status for the lawsuit, allowing it to represent detained immigrants across multiple New England states.
- Legal precedent: The ruling reinforces the interpretation that individuals arrested well inside the U.S. after years of residence cannot be classified as arriving aliens and are therefore entitled to bond hearings.
This decision restores a critical check on immigration detention practices and underscores constitutional protections against indefinite detention without judicial oversight for immigrants long established in the U.S. community.
Abdullahi Hussein is a community journalist focused on uplifting immigrant voices and local stories in Boston. He is also our director of editorial and development.
