Federal judges in Minnesota and across the U.S. are rejecting the Trump administration’s claims that immigrants who came to the U.S. illegally are ineligible for bond hearings and belong in mandatory detention.
It’s part of a policy change by the U.S. Department of Homeland Security to boost the number of immigrants in detention since President Donald Trump returned to office promising mass deportations. More than 1,000 immigrants in Minnesota have been detained since January, and a growing number are being held without an opportunity to post bond.
The policy is a departure from 30 years of court precedent, which allowed people in immigration proceedings to post bond if they have no criminal record, are not considered dangerous and are not a flight risk. A person’s ability to challenge detention is part of the constitutionally protected right to due process.
Nationwide, federal judges have decided 177 cases in favor of immigrants who were denied a bond hearing or release on bail, according to David Wilson, a Minneapolis attorney whose office has about 20 habeas corpus cases. As of Oct. 31, judges ruled in favor of the government just nine times.
Wilson is working with attorneys across the country to push back on the government’s efforts to deny immigrants key rights, available to everyone in the U.S.
“Everyone deserves the right to be heard,” Wilson said. “When we deny people that, we are no better than where they came from.”
He says federal judges appointed by both Democrats and Republicans agree that most immigrants in the country illegally are still eligible for a bond hearing.
U.S. Department of Justice officials declined to comment.
We all know what happens now. The fuhrer ignores the ruling and people stay in the camps. Then it gets appealed, appeal fails, then the SC gets to vote 6-4 in favor and it’s now the law of the land.
Well sure. I mean everyone is a flight risk. Just think, you pick them up and let them go ONE TIME and they vanish forever out of our borders. We can’t have that, we need to punish them for being here illegally. Even if they aren’t/don’t want to be anymore.
… /sigh
What? There is nothing to appeal.
The DOJ is claiming it’s now policy that immigrants shouldn’t be allowed bond hearings. Judges are holding them anyway.
The policy is a departure from 30 years of court precedent, which allowed people in immigration proceedings to post bond if they have no criminal record, are not considered dangerous and are not a flight risk. A person’s ability to challenge detention is part of the constitutionally protected right to due process.
Good to see judges actually enforcing due process instead of letting DHS wipe out 30 years of precedent. Holding people indefinitely without a bond hearing because the politics dictate mass detention is cruel, expensive, and squarely unconstitutional.
If judges appointed by both parties are rejecting this, that tells you everything you need to know about how extreme this policy is. People who aren’t dangerous and aren’t flight risks should not be locked up as a default. Push back matters, and legal aid needs funding now more than ever.
Enforce the ruling.
She did…? That’s why he was able to get out and be reunited with his family.
In a Nov. 4 decision explaining her order that Robles receive a bond hearing, U.S. District Court Judge Nancy Brasel wrote that “courts across the country have almost universally rejected” the government’s new rationale.
Jose Andres Robles holds on tight to his 8-month-old daughter Diana at home in Minneapolis. (Elizabeth Flores/The Minnesota Star Tribune)
Then why is this news?
Because judges are the only reason law and justice still exist in the U.S., and they are being targeted by dumbasses who love fascism?
No shit, I await the president or any other administrator to block and deny this indefinitely. A small victory, though worthwile, must be seen as the waymark on this trail toppling singular rule.
