The Attorney General has determined that all individuals placed in expedited removal proceedings are ineligible for bond, even if they subsequently receive a positive credible determination, overruling Matter of X-K-. The Attorney General delayed implementation of the decision for 90 days to give DHS the opportunity to adjust its operational capacity accordingly.

This decision will effectively result in the widespread detention of asylum seekers who ICE refuses to parole.

The full decision of Matter of M-S- can be found here: