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Millions of US migrants could now face mandatory detention after Immigration appeals court big ruling
A Justice Department appeals panel has ruled that anyone in deportation proceedings who entered the United States without legal authorization is not entitled to be considered for release on bond by an immigration judge. This is a major departure from previous Justice Department policy, under which such individuals could ask to be freed on bond as their cases proceed if they could prove they had been in the US for two years.
A Trump administration policy to deny bond hearings to immigrants who entered the country without authorization was upheld by an immigration appellate board Friday. The board's decision has expanded mandatory detention for thousands of people already behind bars and potentially millions more nationwide.
The Department of Justice's Board of Immigration Appeals has ruled that migrants who are believed to have entered the United States illegally are not eligible to be released on bail with a bond, if such a measure is approved by an immigration judge. Many thousands of additional alleged illegal migrants could be held in detention while their cases are heard. One immigration judge said many migrants might now self-deport themselves.
Immigrant rights attorneys told the LA Times holding immigrants throughout their cases is intended to break the spirit of many and force them to sign their own deportation orders.
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US migrants could face mandatory detention
The board's decision reverses the earlier Justice Department policy, which allowed anyone suspected of entering the United States illegally—but able to prove they had lived in the country for at least two years—to request bond release by an immigration judge. But the decision Friday from the Board of Immigration Appeals concludes that detention is mandatory for anyone in deportation proceedings who entered the US “without inspection.”The ruling arrives two months after the Trump administration revised its interpretation of the law, requiring mandatory detention for immigrants apprehended within the US—even those who had lived in the country for decades. This policy shift has resulted in a surge of arrests of immigrants during routine court appearances and check-ins with federal authorities, despite prior immigration court rulings finding they posed no threat or flight risk.
On Friday, the Board of Immigration Appeals considered the case of Jonathan Javier Yajure Hurtado, who crossed from Mexico into Texas without authorization in November 2022 and was subsequently granted protected status. After this expired in April, Hurtodo was taken to an immigration detention facility in Tacoma, Washington state.
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An immigration judge had concluded that under the Immigration and Nationality Act (INA) he lacked the jurisdiction to hear Hurtado's request to be released on bond. The Board of Immigration Appeals concurred with this ruling, concluded that Hurtodo, and others suspected of entering the U.S. unlawfully, don't have the right to request a judge released them on bond while their immigration cases are considered.
In its ruling the Board of Immigration Appeals said: "Under the plain reading of the INA, we affirm the Immigration Judge's determination that he did not have authority over the bond request because aliens who are present in the United States without admission are applicants for admission as defined under section 235(b)(2)(A) of the INA, 8 U.S.C. § 1225(b)(2)(A), and must be detained for the duration of their removal proceedings."
One former immigration judge, Dana Leigh Mark, called the ruling "horrific". “No self-respecting lawyer could look themselves in the mirror and take these positions. … It's a total cynical move to try to force people to litigate their cases while they're detained," Mark was quoted as saying by Politico.
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“This is an effort to increase the number of people in detention significantly,” Niels W. Frenzen, director of the USC Gould School of Law Immigration Clinic, told The LA Times. “Literally millions of people are now subject to being held without bond,” he said.
“Detention conditions are horrific, and they've gotten even worse,” Frenzen said. “The goal of the administration is to make it difficult for people to fight their cases and to give up.”
Donald Trump won the 2024 presidential election on a pledge to dramatically clamp down on illegal immigration into the US. Since he came to power, US Immigration and Customs Enforcement (ICE) has seen its budget and freedom to operate significantly increase, resulting in the first decline in America's migrant population since the 1960s according to the Pew Research Center.
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Source: EconomicTimes
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