Despite a federal appeals court ruling that immigrants jailed in Kentucky are entitled to bond hearings, many still remain locked up with little chance of release, according to a Kentucky Center for Investigative Reporting analysis of court records.

The Kentucky Center for Investigative Reporting found that while U.S. district judges ordered more bond hearings following a May ruling by the Sixth Circuit Court of Appeals, immigration judges are denying bond in roughly 80 percent of cases. Of 95 immigrants who received bond hearings after the ruling, only 18 were granted release on bond.

The Sixth Circuit decision in May struck down the Trump administration's policy of mandatory detention for immigrants, saying it violated due process rights. The policy, implemented in July 2025, classified long-term U.S. residents as "applicants for admission" subject to automatic jailing without hearings.

"I hate to admit it, and I do think the Sixth Circuit was right," said Duffy Trager, a Louisville immigration attorney. "But in many ways, for many people, it seems like they're almost worse off now."

Even when bonds are granted, the amounts are often beyond immigrants' reach. Among the 18 cases where Kentucky judges granted bond since May, amounts ranged from $1,500 to $25,000. Nationally, the median bond is $6,500.

The Kentucky Center for Investigative Reporting reviewed over 400 habeas corpus petitions filed by immigrants in federal court. Of 178 cases where judges ordered release or bond hearings, 76 people were released. But immigration judges denied bond to roughly 95 others.

Attorneys say immigration judges are applying an arbitrary standard for deciding who is a flight risk or public danger. Some immigrants have been denied bond solely for driving without a license, while others with deep community roots are deemed flight risks with no explanation.

The system has become increasingly harsh under the Trump administration. The administration fired nearly 100 immigration judges in 2025, many of whom previously represented immigrants. It has since launched a hiring campaign for "deportation judges."

Rekha Sharma-Crawford, second vice president of the American Immigration Lawyers Association, characterized the current system as "a sham." "They have really kind of gone wholescale off the rails with what they consider to be a flight risk or what they consider to be a danger to the community," she said.

The issue remains unsettled nationally. While the Sixth Circuit and several other appeals courts have ruled against the detention policy, the Fifth and Eighth Circuits have upheld it. The Supreme Court is expected to eventually decide the matter.