An appeals court just ruled that pretty much every unauthorized person is subject to mandatory detention without bail. This severely cuts back the legal standing of unauthorized persons who have lived here are a long time

It has been settled practice for decades that a person who recently entered the U.S. without authorization was vulnerable to detention but not a person who entered illegally many years ago, as the latter person was nor “seeking entry.” In Buenrostro-Mendez v. Bondi, The Fifth U.S. Court of Appeals decided on February 6  that this is not the case, that almost anyone here illegally is subject to detention, and mandatory detention without chance of bail.

With very limited exceptions, this mandatory detention rule now applies  persons whose asylum applications are in the court backlog.

The dissent in this 2 – 1 decision argued that the law which applies for mandatory detention only applies to persons “seeking entry,” not to those here for years, and that the pertinent Immigration and Nationality Act sections (1225 and 1226) were used correctly in the past. The two-person majority threw that standing interpretation out.

Note: visa overstays are not per the decision subject to mandatory detention because they are not “applicants for admission.”

Arrests and deportations of unauthorized persons has gone up in 2025. How much has been a puzzle since DHS’s press releases don’t have much credibility. Deportation Data released estimates on January 27 which to me are credible.

The report explains the presence of ICE/DHS personnel on the streets. They arrest and they intimidate.  This in turn explains the surge of resistance on the streets, such as the highly coordinated resistance in Minneapolis.

Border enforcement (by Customs and Border Patrol) has largely shut down persons coming over the Mexican border for asylum. Interior immigration enforcement surged, measured in ICE arrests, detainment, and removal (deportation). Deportations following ICE arrests inside the United States rose more than fourfold over a comparable period in 2024. This is due to vastly expanded arrests, especially street arrests, on top of arrests of persons in prison.

Street arrests increased tenfold. For the two decades before 2025, ICE made very few such street arrests. Instead, ICE relied on transfers from jails and prisons for its interior enforcement.  These street arrests focus on persons without a criminal record. Arrests of individuals with no criminal record rose more than seven times. Detention capacity increased – compared to past detention populations of 40,000 or so the detention population today is around 70,000. Early release from detention has sharply declined, leading to expeditious deportation. Facing prolonged detention, many detainees gave up their cases, producing a vast increase in voluntary departures.

 

 

There has been a national bipartisan backlash against overt signs of ICE / CBP behavior. Republicans continue by a large majority support the Trump administration’s deportation program. But even they are upset about the buccaneering style, and this has much to do with the videos of Pretti’s shooting.

To simplify, the administration eroded about 5% of its support in the country. The administration, in my opinion, will no longer deploy agents in mass on the streets of cities.  They promote the spectacle aspects of enforcements. This post describes a brand new Quinnipiac Poll and a list of offensive deportation behavior.

The Quinnipiac poll

A February 4 Quinnipiac University national poll reveals widespread voter distrust of the Trump administration’s handling of immigration enforcement.  61% of registered voters say the administration has not given an honest account of the incident.

Republicans continue to support the President. Democrats (93%) and independents (65%) think the Trump administration has not given an honest account of the incident, but Republicans (60% think the Trump administration has given an honest account of the incident.

However, overwhelming majority of voters –80% –think there should be an independent investigation into the Pretti shooting, including 56% of Republicans, And, over 90% support mandatory body cameras for ICE agents (including 83% of Republicans).

The poll showed Trump’s support deteriorating on several fronts, such as the economy and foreign policy, but let’s focus on immigration: on Trump’s handling of immigration issues, 38% of voters approve, down from Quinnipiac December 17, 2025 poll when 44% approved.

The polling was performed January 29 – February 2. Renee Good was killed on January 7 by an ICE officer and Alex Pretti on January 24 by two CBP officers.

The Pretti shooting – 78% of respondents, including 74% of Republicans, have seen a video of the shooting.

Quinnioipiac Poll 2 4 26

Reforming ICE/CBP behavior

Darrett Graff puts his finger on what upsets people about ICE/CBP. In a Substack post he identified the needed reforms  (summarized):

1) Basic Uniform and Identification Standards

ICE and CBP officers must wear standardized civilian law enforcement uniforms with clear federal identification, not military camouflage or masks

2) Use of Force

Strict restrictions needed on chemical agents and less-lethal munitions, which are deployed too casually. Remove ICE/CBP from crowd control operations.

3) Enforcement Standards and Restrictions

Redefine Border Patrol’s “100-mile rule” to reasonable distances from actual borders. Restore “sensitive locations” protections for schools, churches, hospitals. Require judicial warrants for forced entry. Make officers personally liable for wrongfully detaining U.S. citizens. Eliminate arrest quotas and bonuses.

4) Hiring Standards and Training

Mandate that ICE/CBP meet the same hiring and training standards as other federal law enforcement agencies. DHS is cutting training while expanding operations, creating “a roving paramilitary force” rather than professional civilian law enforcement.

5) Technology Limits

Establish boundaries around DHS surveillance technology, particularly “Mobile Fortify” facial recognition app (claimed as “definitive” legal status source) and Palantir’s “ELITE” targeting application. These tools create mass surveillance infrastructure.

6) Detention Facilities

ICE plans doubling capacity to 107,000 beds with minimal judge increases, revealing no due process intent. Codify congressional on-demand facility access.