MIAMI — The Trump administration says it has made historic progress in its immigration crackdown, reporting more than 600,000 deportations since President Donald Trump took office in January, according to Immigration and Customs Enforcement.
But as federal authorities ramp up arrests and removals, immigration attorneys say they are seeing a different kind of progress — inside immigration court.
Across the country and in South Florida, lawyers report that judges are increasingly receptive to arguments for bond, allowing some detained immigrants to be released while their cases continue.
The trend includes high-profile cases, such as the release and return of Kilmar Abrego Garcia, who was previously sent to a maximum-security prison in El Salvador, and the detention of a family member connected to White House press secretary Karoline Leavitt.
Attorneys say similar decisions are now appearing in less-publicized cases at the local level.
“The judges are being more receptive,” said immigration attorney Yoel Lemus. “Now my client will be able to spend the rest of the holidays at home with his family.”
Lemus said judges are paying closer attention to how immigrants entered the United States. Those who are in the country illegally but did not cross the border unlawfully — such as people who overstayed visas — appear to have a stronger chance of being released on bond.
In one recent case, Lemus said his client overstayed a visa and was detained during a traffic stop. The man had no criminal record, paid taxes for years, owned a business and employed others.
“He was even paying taxes for years and years and years,” Lemus said. “He owns his own company. He has even employed people.”
Attorneys say they are becoming more effective at presenting evidence that their clients are not a danger to the community, a key factor judges consider when deciding whether to grant bond.
“If you don’t have any criminal record and you’ve been in the country for more than two years,” Lemus said, “that’s something judges are looking at.”
Immigration court documents show judges are increasingly citing established case law — precedents from previous decisions — to support bond approvals.
Still, attorneys caution that a bond does not mean a case is over.
As enforcement remains aggressive, lawyers say the courtroom may be one of the few places where some immigrants are finding cautious signs of relief.
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