Last week, David S. Santee, founding attorney of Santee Law Offices, filed a federal lawsuit against the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) on behalf of an asylum applicant who was arrested during a routine ICE check-in. These arrests have been increasing since the beginning of Trump’s second term in January. Over the last 11 months, DHS has been testing the limits of its authority by arresting people and deporting them without a hearing before an immigration judge. Now, DHS has taken the position that even those who have been living in the U.S. for decades have no right to a bond hearing before an immigration judge.
Federal courts across the country have rejected DHS’s position that mandatory detention applies in these cases. They have ordered the release of more than 200 people who were unlawfully detained by ICE without a bond hearing.
What Mandatory Detention Means and When it Applies
The Immigration and Nationality Act (INA) requires that some people who the government contends are subject to removal from the United States be detained pending the outcome of removal proceedings. Some examples include those who are apprehended at or near the border, those who have a criminal conviction that triggered deportation, those who have been ordered removed on criminal or security grounds, and those who have returned to the U.S. after having been ordered removed. One who is subject to mandatory detention has no right to a bond hearing before an immigration judge.
For decades, DHS did not apply mandatory detention to those who had been living in the U.S. for more than two years absent a criminal conviction, security concern, or prior removal order. That all changed this year. In July, ICE, which is an agency within DHS, issued a new policy on mandatory detention, taking the position that it applies not only to those apprehended at or near the border, but also to anyone who is in the United States without having been admitted or paroled. In September, the Board of Immigration Appeals (BIA) ruled that DHS has the authority to apply mandatory detention in this way.
Since then, many federal courts have rejected the BIA’s decision, ruling that the new policy exceeds DHS’s authority under the INA and violates the right to due process guaranteed by the Fifth Amendment to the U.S. Constitution. Our lawsuit challenges ICE’s attempt to apply their new policy here in Pennsylvania.
Why This Matters for Pennsylvania Families
At Santee Law Offices, we represent individuals who have built lives in Pennsylvania while pursuing lawful immigration status. Immigrant families across Delaware County, Montgomery County, Chester County, Philadelphia, and Bucks County rely on humanitarian parole, asylum applications, and employment authorization. Expanded mandatory detention threatens these communities by separating families, disrupting employment, and undermining trust in the immigration system.
As an attorney, we don’t shy away from difficult cases. At Santee Law Offices, our team examines every angle until we find the answer. This lawsuit is one example of our commitment to protecting immigrant families in Pennsylvania.
Federal Courts Are Pushing Back
This case is part of a broader legal trend. Courts in New Jersey, New York, Massachusetts, Virginia, California, and Nevada have rejected ICE’s expanded use of mandatory detention for noncitizens living in the U.S., affirming that these cases fall under INA § 1226(a), which provides access to bond hearings.
While outcomes vary, the message is clear: ICE cannot bypass due process protections.
Our Commitment as Your Attorney
As a Pennsylvania immigration and deportation lawyer, Attorney Santee has built his practice around protecting rights where the stakes are highest. Our practice includes:
- Family-based immigration (Adjustment of Status, consular processing, fiancé visas)
- Employment-based immigration (EB-5 investor visas, employment visas)
- Citizenship and naturalization
- Deportation defense (representation in removal proceedings for individuals facing removal in Pennsylvania)
- Appeals & post conviction (immigration court and federal court appeals)
- Post-conviction relief (challenging criminal convictions with immigration consequences)
- Crimmigration (cases at the intersection of criminal and immigration law)
At Santee Law Offices, we are committed to defending those facing the most complex immigration challenges.
What You Should Know
If you or a loved one has been detained by ICE in Pennsylvania:
- You may be entitled to a bond hearing, depending on your case specifics.
- You may be able to challenge your detention in federal court.
- You should consult with an experienced Pennsylvania immigration deportation attorney, someone familiar with ICE detention practices in Pennsylvania, who can assess your risk of being detained and what options you would have if you are detained.
If you are living in the U.S. without lawful status, even if you have an application pending, there are steps that you can take now to prepare for the possibility that you may be arrested and detained by ICE:
- Make a Plan: After you consult with an immigration attorney, you should think about the important decisions that you will have to make if you are detained. You should think about whether you are prepared to wait in detention for several months to have a chance to stay in the U.S., or whether you would be better off returning to your home country voluntarily to preserve your options for the future.
- Make Arrangements for Legal Representation: You should make arrangements now for legal representation in case you are detained by ICE. You can sign forms that will authorize your attorney to act on your behalf and communicate with ICE about your case. It is more difficult to get these forms signed after you have been detained. You can also make arrangements with someone to pay legal fees on your behalf if you are detained.
- Make Arrangements for Your Family: You should consider how your family will be able to access your accounts if you are detained. You can grant someone else Power of Attorney so that they can withdraw money from your accounts to pay bills. If you have children, you should make arrangements for someone to take care of them if you are detained.
Protecting Your Rights Starts with a Conversation
If you or someone you care about has been detained by ICE or is facing removal proceedings, the first step is understanding your options. At Santee Law Offices, as a Pennsylvania deportation lawyer, we provide confidential consultations to help families navigate complex immigration challenges and protect their future.
Based in Media, we serve clients throughout Delaware County, Montgomery County, Chester County, Philadelphia, Bucks County, and across Pennsylvania, New Jersey, Delaware, and nationwide. Wherever you are, if you’re facing detention or removal, Santee Law Offices is here to help.
Call 215-935-4481 or schedule your consultation online today.
Taking action early can make all the difference. We stand with you, ready to defend your rights, and pursue every available path to relief.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.