Immigrants could be eligible for bond hearings, striking down DHS policy: Judge

A federal judge has struck down a Department of Homeland Security policy implemented in July that forced most immigrants who entered the United States without inspection to remain in detention throughout their removal proceedings.

The decision could potentially allow thousands of immigrants who have been subject to mandatory detention to be released.

On Tuesday, Judge Sunshine Suzanne Sykes in California certified a class granting relief to migrants who “have entered or will enter the United States without inspection” and those who were not initially detained when they came into the country.

In July, DHS instituted a policy that required ICE to consider immigrants arrested in the U.S. and deemed inadmissible as “applicants for admission.” The policy removed immigrants' ability to seek release on bond regardless of whether they had been living in the U.S. for years or whether they had a criminal record.

Under previous administrations, some migrants, even those who entered the country without inspection, could be eligible for bond and could therefore be released while their court cases continued.

Shortly after the new policy was announced, immigrant rights advocates filed a class action lawsuit on behalf of four individuals detained at an ICE detention in California who were denied consideration for bond.

On July 28, Judge Sykes issued a temporary restraining order that barred the Trump administration from continuing to detain the four named petitioners. The attorneys for the individuals then moved to seek class action relief for people subject to the ICE policy.

“Anyone in the country who's in this position within removal proceedings and is being denied a bond hearing because they first entered without inspection or without being admitted, is now able to get a bond, just like they were for the last 30 years,” said Matt Adams, the lead attorney in the case.