The Trump administration is reportedly seeking to bar millions of immigrants who allegedly arrived in the US without legal status from receiving a bond hearing as they try to fight their deportations in court.
The new policy would apply during removal proceedings, which can take years, for millions of immigrants who entered the country from Mexico in recent decades, according to a report from the Washington Post, which reviewed documents from Immigration and Customs Enforcement (Ice).
Such immigrants had previously been allowed to request a bond hearing before an immigration judge, but Todd Lyons, Ice’s acting director, stated in a memo reviewed by the Post that the homeland security and justice departments had “revisited [their] legal position on detention and release authorities”. The departments determined that such immigrants “may not be released from Ice custody”, Lyons reportedly wrote in the memo.
That new restriction, which is expected to face legal challenges, was issued on 8 July shortly after the Republican-controlled Congress provided Ice $45bn over the next four years to detain immigrants for civil deportation proceedings.
“To be clear, [Ice’s] position here is laughable and is being rejected by immigration judges all over the US, and will soon be dismissed by actual federal court judges in habeas proceedings,” Charles Kuck, an immigration attorney and Emory University law professor, wrote on X in a post that alluded to challenges against one’s detention.
In response to the Guardian’s request for comment on the reported new policy, an Ice spokesperson said: “The recent guidance closes a loophole to our nation’s security based on an inaccurate interpretation of the statute. It is aligned with the nation’s longstanding immigration law. All aliens seeking to enter our country in an unlawful manner or for illicit purposes shall be treated equally under the law, while still receiving due process.”
The policy change would mark the latest significant departure for Ice, which during Joe Biden’s presidency provided a guide on how immigrants who are detained can post bond.
“Judges see a lot of people every day,” the guide stated. “You can make your testimony stand out by speaking sincerely. Think about a story that will show the judge how much your family needs you. Explain to the judge why your detention hurts your family very much.
“We hope that this guide provides you with helpful information when preparing for your bond hearing. We wish you the best of luck with your case!”
The Center for Immigration Studies, which advocates for reducing immigration, defended the new reported policy.
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“Detention is absolutely the best way to approach this, if you can do it,” Mark Krikorian, executive director for the Center for Immigration Studies, told the Post. “It costs a lot of money, obviously.
“You’re pretty much guaranteed to be able to remove the person, if there’s a negative finding, if … [they’re] in detention.”
The Trump administration had already worked to limit which immigrants can post bond. Previously, people arrested after they had entered the US and placed in regular removal proceedings were eligible for a bond hearing, according to the National Immigration Project, a non-profit whose attorneys have defended immigrants facing deportation.
But in May, the federal Board of Immigration Appeals issued a ruling stating that such people were subject to mandatory detention, meaning that Ice could jail them during removal proceedings and not provide them an opportunity to appear before an immigration judge and get a bond set.
Source: US Politics - theguardian.com
