A recent federal court ruling paves the way for potentially hundreds of immigrants detained in Michigan and elsewhere to get out from behind bars while they make their case to fight deportation.
Earlier this week, a panel of the U.S. Court of Appeals for the 6th Circuit ruled a wide array of immigrants must at least have the chance to argue they deserve a bond if the government wants them detained during immigrant court proceedings. For nearly a year, President Donald Trump’s administration argued the law allowed them to indefinitely detain essentially any person found in the United States who lacked authorization to be in the country.
While the case may go to the U.S. Supreme Court, for now, that means immigration officials likely need to hold many more bond hearings than they have for the past year.
But how will that work? If someone is already detained and didn’t get a bond hearing, what should they do?
Experts from the American Civil Liberties Union of Michigan, the Michigan Immigration Rights Center and a University of Michigan organization called the Immigrant Justice Lab offered tips for people who find themselves detained without bond — and for local lawyers looking to help.
What’s the issue?
Since July 2025, federal immigration officials argued most people accused of being in the United States without legal authorization did not have the right to a bond hearing, reinterpreting federal law and breaking with years of precedent.
Advocates argued detaining these immigrants without even the chance for bond violated the law and constitution, and federal judges in Michigan agreed. Federal officials appealed these decisions to the U.S. Court of Appeals for the 6th Circuit, which has jurisdiction over courts in Michigan, Ohio, Kentucky and Tennessee.
While other federal circuits ruled in favor of the Trump administration, the 6th Circuit agreed many detained immigrants must have a chance at bond.
Who is eligible for bond hearings now?
To be clear: this decision applies to a specific group of immigrants facing civil deportation proceedings. If an immigrant is accused of a crime, especially returning to the United States without authorization following a previous deportation, this bond decision does not apply.
The ruling deals with people who entered the country without inspection at the border and do not have a final order of removal, said ACLU spokeswoman Ann Mullen.
If you think you or a loved one falls into this category, the ACLU suggests taking two immediate steps. If you aren’t sure whether someone is eligible, contact a lawyer.
I think I’m covered by this ruling. What do I do?
The ACLU advice is straightforward: “ask the immigration court for a bond hearing as soon as possible, even if the court previously refused to hold a bond hearing before this decision came out,” Mullen said.
There are a few ways to do that, according to the MIRC website. If you have a lawyer, they will know how to request this hearing. If you do not, you can write a letter to the immigration court judge asking for a hearing. In the letter, you can cite the ruling from the 6th (the official case name is Lopez-Campos v. Raycraft) and say you believe you are being held without bond in violation of this ruling.
If you or a loved one is detained in Michigan, it’s likely their case is before a judge in Detroit Immigration Court. This court is located at 477 Michigan Ave., Suite 440, Detroit, MI 48226. Christine Suave, a MIRC spokeswoman, said they can send the request to immigration court with their name, A-Number (your unique, so-called “alien registration number” assigned to you by federal immigration officials) and label it “request for redetermination.”
But, if you want to be extra sure where to send your letter, the lab suggests calling the Executive Office for Immigration Review automated hotline at 800-898-7180. Once you call, enter your A-Number and select “Filing Information” from the menu of options.
The lab adviser also says you can visit acis.eoir.justice.gov, enter your A-Number, and see the address under the section titled, “Court Contact Information.”
Suave said the detention facility can provide envelopes and stamps at no cost in order to mail documents to the court.
Another tip: When you submit anything, make sure you have multiple copies. Typically, whenever you submit documents related to your immigration case, you’ll need to submit them to the court, the government’s lawyer and keep a copy for yourself. Being able to prove you submitted a document to court may help you later in your proceedings.
I wrote the letter, what else should I do?
In theory, Mullen said someone covered by this ruling should not have to file a lawsuit in federal court. But the ACLU strongly recommends doing so anyway.
The filing, called a “habeas petition,” is a formal argument that the federal government is detaining you or someone in violation of the law and constitution. While the ACLU and others have filed many similar pleadings in the past, the 6th Circuit ruling bolsters these arguments for those affected.
Do this as soon as possible, Mullen said. Obviously, a lawyer would help with the filing, but she said the ACLU and MIRC are putting together a sample filing that anyone could use. Suave said it will be ready later this month and posted on both organization’s websites.
“This petition can be very simple and just state that the person believes they are being detained in violation of the 6th Circuit’s decision in Lopez-Campos v. Raycraft,” Mullen said.
“Filing a habeas petition close to home will help ensure that a local court bound by the recent decision is the one deciding the case.”
I have a bond hearing scheduled. Now what?
Just because a hearing is scheduled by no means guarantees a person will be issued a bond. Even before the Trump administration’s mass deportation push, immigration courts routinely denied bond.
The Immigrant Justice Lab offers step-by-step guidance in English and Spanish on how to prepare for a bond hearing. To be clear, this guidance was created before the recent 6th Circuit ruling but this decision does not affect most of the information included.
It’s crucial to understand what the court considers in determining whether someone is eligible for bond.
The judge wants to know if a person:
It’s also important to understand most people only get one bond hearing. So, if you get one scheduled but can’t get the paperwork together in time, the lab says you should consider asking to reschedule the hearing for a later date.
Something else to consider: Unlike the criminal court system, immigration court bonds must be paid in full. So even if you are granted bond, you will need someone with legal status and a valid Social Security number to pay the entire amount, the lab guidance states.
I’m a Michigan lawyer. How can I get involved?
The ACLU of Michigan and MIRC are looking for lawyers who want to volunteer to help immigrants file habeas cases.
“Volunteer lawyers are needed to bring habeas cases to ensure the immigrants who are being illegally detained without a bond hearing get a bond hearing, and can get released. Ideally, the same lawyer will do both the habeas case and any subsequent bond hearing in immigration court,” the organizations wrote as a part of a joint release.
There’s a sign-up sheet where lawyers can let the organizations know they are interested. Training will be provided.
Reach Dave Boucher at dboucher@freepress.com.
This article originally appeared on Detroit Free Press: Immigrant detained in Michigan? New ruling may open door to bond hearing
Reporting by Dave Boucher, Detroit Free Press / Detroit Free Press
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