The "Applicant for Admission" Trap in 2026

ICE has introduced a reclassification that targets long-term residents who have lived in the U.S. for years.

The 2026 Red Flag: Reclassification

ICE is increasingly arguing that anyone who originally entered the U.S. without inspection (EWI) is an Applicant for Admission. By using this label, the government attempts to place residents under Section 235(b); a law usually meant for people arriving at the border. The goal may be to minimize your detained loved ones’ right to see an Immigration Judge for a bond, keeping them in mandatory detention indefinitely.

Possible strategy: 

Don't lose hope. Nationwide class-action lawsuits are currently fighting this trap:

• The Maldonado Bautista Ruling: As of the posting of this blog, a federal court recently issued a nationwide order declaring this policy unlawful, restoring bond eligibility for detained individuals.

• Tincher v. Noem: While this case primarily fights against enforcement abuses, it is part of a wave of litigation (including Maldonado Bautista) aimed at protecting due process.

  
  

Why act now? These rulings are being appealed by the government daily. You must file for a bond hearing immediately while there are still some court protections for your detained loved one. 

Disclaimer: This content is shared for general educational purposes only and does not constitute legal advice. Viewing or interacting with this blog does not create an attorney-client relationship. Immigration situations vary from case to case. For legal guidance specific to your situation, consult with a licensed immigration attorney.