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Tacoma Judges’ No-Bond Policy Takes National Hold

5/26/2026, 10:46:14 PM

Core Event: Tacoma Judges’ No-Bond Policy Takes National Hold

Four immigration judges—Theresa Scala, John Odell, Tammy Fitting, and Neil Floyd—at the Northwest ICE Processing Center in Tacoma began denying bond to long-term residents, interpreting the 1996 “applicants for admission” statute to require mandatory detention. The Trump administration codified this approach in 2025, prompting a nationwide shift.

Legal Basis and Nationwide Expansion

The 1996 law originally applied only to recent border crossers. Tacoma judges extended it to immigrants who had lived in the United States for years without legal status. In July 2025 ICE announced that such individuals are “applicants for admission” and subject to mandatory detention, eliminating bond hearings. The Board of Immigration Appeals affirmed this interpretation in September 2025.

Key Actors Behind the Policy

Neil Floyd, a former ICE attorney who later served as Seattle’s top federal prosecutor under Trump, led the collective decision. The other judges—Theresa Scala, John Odell, and Tammy Fitting—participated. The Northwest Immigrant Rights Project, represented by attorney Matt Adams, filed a March 2025 lawsuit challenging the policy.

Official Statements, Legal Fallout, and Detention Scale

ICE custody doubled in 2025, peaking at about 75,000 detainees in January. The agency plans $38.3 billion to expand capacity to 92,300 beds, with megacenters housing up to 10,000 each. More than 40,000 lawsuits allege illegal confinement. A federal appeals court struck down the “no-bond” policy in May 2026, prompting a potential Supreme Court review.

Criticism and Detainee Perspective

Matt Adams of the Northwest Immigrant Rights Project called the policy “a pretty blatantly prosecutorial push to keep people locked up,” alleging judges ignored decades of precedent. Victor Cruz, a 56-year-old handyman from Portland, said fellow detainees had been held for “six months, nine months,” underscoring the human toll.

Verbatim Quotes

  • “We made the decision that we were going to do it collectively because it was too big a decision for someone to step out that far on their own,” — Neil Floyd, former Tacoma immigration judge
  • “It is the right interpretation of the law, and it’s the only fair one, because if you enter the United States the right way, by coming and knocking on the door to ask for asylum at a port of entry, the law is 100% clear,” — Neil Floyd
  • “It was from our perspective, a pretty blatantly prosecutorial push to keep people locked up,” — Matt Adams, attorney, Northwest Immigrant Rights Project
  • “been there six months, nine months.” — Victor Cruz, former detainee

Future Litigation and Policy Outlook

The pending Supreme Court review will decide the legality of the “no-bond” approach. Lawsuits could force the administration to restore bond hearings or adjust detention standards. Meanwhile, ICE’s planned expansion of detention capacity signals reliance on mandatory detention unless a court overturns the policy.