Recently, there have been frequent reports of asylum applicants being arrested by immigration enforcement officers while traveling within the United States or during visits to immigration offices for check-ins or interviews. This has caused many people to hesitate in taking flights for travel and even feel anxious about losing their freedom on their way to fingerprinting or interviews. Immigration law experts point out that there are still various legal remedies available in such situations.
One of the ways to seek relief after being detained is to apply for bail. Since last year, several Chinese activists in the U.S. who have been arrested by U.S. Immigration and Customs Enforcement (ICE) officials have been released on bail through lawyer interventions. However, there have been changes in the bail process now.
In the past, detention was generally reserved for those caught at the border or with criminal records, but in practice, the scope of detention has expanded to include undocumented immigrants without criminal records.
Dr. Zheng Cunzhu, a legal scholar at a law firm in Los Angeles, recently wrote that applying for bail has become very challenging. Immigration judges presiding over bail hearings are now very strict, leading to a sharp increase in the denial rate of bail applications.
According to Laist, the rejection rate of bail applications reviewed by immigration judges nationwide was 36% in 2024 and 43% in 2025. And based on TRAC data from February this year, the approval rate for bail was only 27.8%. The median bail amount has also increased from the previous $6,000-7,500 to over $9,200.
With heightened immigration enforcement, some individuals with expired visas who are awaiting status adjustments have also been arrested by law enforcement officers. For these individuals, Zheng Cunzhu suggests that if there is sufficient legal basis, they can apply for a “habeas petition” for personal protection.
The “habeas petition” is a very ancient and important right in the English and American legal systems, used to resolve cases where individuals are detained unfairly. It bypasses the immigration court and directly submits a release request to a federal district court judge.
Applicable situations include: being wrongfully detained while having legal status, denial of a bail hearing by an immigration judge after being arrested in the country, no progress in deportation even after being detained for over six months, being detained despite parole entry, emergency health issues applicable under “due process,” and more.
In March this year, rights activist Ms. Duan Chunxia, who crossed the border into the U.S., experienced a failed interview, received a deportation order which was later rescinded, and eventually, with the help of many parties, applied for a “habeas petition” in federal court, leading to her release and reunion with her family.
Applicants who receive notices for asylum interviews and whose original visas have been expired for over six months face scrutiny and arrest risks when going to immigration offices for check-ins, fingerprinting, or interviews.
Zheng Cunzhu points out that if someone is arrested by ICE officials, the asylum interview will be canceled, and the case will be transferred to immigration court. Although applicants still have legal protection rights, the rushed court hearings and difficulties in collecting enough evidence materials may often lead to unfavorable outcomes.
To prevent this situation, Zheng Cunzhu suggests applying for a “Temporary Restraining Order” (TRO) issued by a federal judge in advance as a “protective talisman,” making it impossible for ICE to execute arrests at immigration offices.
Applying for a TRO should be done at least a week before the appointment and not last minute to avoid judges rejecting the application on grounds of self-imposed time constraints. Zheng Cunzhu recommends that if time is tight, applicants can first request a postponement of the interview or fingerprinting and then apply for a TRO as a precautionary measure.