An immigration attorney in North Dakota said shifting policies under the Trump administration are making it more difficult to represent clients in immigration court [1].

These legal challenges matter because they increase the risk of detention for individuals who entered the country lawfully, potentially limiting their access to legal advocacy and stability.

The attorney said the administration's restrictive interpretation of immigration law has created a more challenging environment for those navigating the legal system [1]. According to the attorney, many clients now face the possibility of being detained despite having entered the U.S. legally [1].

These policy shifts have reportedly limited the ability of lawyers to advocate for their clients [2]. The legal landscape has become volatile as the administration implements memos aimed at preventing certain immigration outcomes [2].

While some legal protections remain, they are often subject to strict timelines. For example, U.S. Immigration and Customs Enforcement cannot detain migrants for more than 90 days [3] without providing a bond hearing [3].

Despite this 90-day limit, legal practitioners in North Dakota continue to encounter hurdles in securing the release of their clients. The attorney said the current environment places a higher burden on both the legal representative and the immigrant to prove eligibility for release or legal status [1].

This trend reflects a broader shift in how immigration laws are interpreted and enforced across the U.S. throughout 2026 [3]. The combination of restrictive memos and a narrow reading of existing statutes has increased the frequency of detention for a wider range of non-citizens [2].

“Many clients face the possibility of detention despite entering lawfully”

The tension between administrative memos and judicial mandates, such as the 90-day bond hearing requirement, creates a precarious legal environment. For immigrants and their attorneys, this means that lawful entry no longer guarantees immunity from detention, shifting the focus of legal defense from proving status to fighting for basic release.