In Tacoma, Washington, four immigration judges significantly influenced a shift in immigration enforcement policies. Their early decisions to deny bond for individuals held on immigration charges have led to numerous legal challenges, arguing that such practices violate constitutional rights. The Trump administration faced a setback when an appeals court overturned its policy, despite previous agreements from other courts. This issue seems likely to be addressed by the Supreme Court.
The Tacoma judges, including Neil Floyd, identified a legal basis for their decisions, stating Congress did not authorize the granting of bond. Floyd noted that careful research by clerks over six months guided their collective decision. The judges referred to a 1996 law mandating detention for applicants for admission to the United States, typically applied to recent border crossers. Those living in the U.S. for years were historically considered under a different statute allowing bond hearings.
Although the Tacoma judges began this practice early in the decade, it became more widely noticed when the Trump administration adopted their reasoning. Immigration lawyers in Tacoma, shocked by the change, searched nationwide for similar cases but found none. The Northwest Immigrant Rights Project filed a lawsuit in March 2025, claiming the judges ignored existing precedents.
In July, ICE modified its policy to align with the Tacoma judges’ view, classifying long-term residents without legal entry as applicants for admission, thereby mandating detention without bond hearings. This approach doubled the number of individuals in ICE custody, aiming to increase capacity further by constructing large detention facilities.
Despite the administration’s policy, some immigrants have successfully challenged their detentions in court. Victor Cruz, for example, spent 24 days detained before securing release. He carries all his immigration documents to avoid potential re-arrest. In detention, Cruz encountered others held for extended periods, demonstrating the significant impact on detainees’ lives.
On a recent Friday, Judge Tammy Fitting conducted bond hearings under federal orders. She denied bond to an Oregon dishwasher due to a past conviction, but granted it to another immigrant with no criminal history, though acknowledging difficulties in legal status attainment.