On Friday, the Immigration Appeals Board upheld a Trump administration policy to deny bond hearings for immigrants entering the country, extending mandatory detention to thousands who are already lagging behind and potentially millions across the country.
Although the policy is challenged in federal courts, the ruling in the Immigration Commission lawsuit is likely to be issued immediately through Immigration Courts that have released individuals who do not consider flight risk or dangerous for decades.
These judges are now subject to decisions by the board of directors. The immigration court is not part of the judicial department, but belongs to the Ministry of Justice.
Immigration rights lawyers say the process of holding immigration throughout the case, which can sometimes take years, is designed to break the spirit of many people and force them to sign their own deportation orders.
“This is to greatly increase the number of detentions,” said Niels W. Frenzen, director of the immigration clinic at the USC Gould Law School, who is part of a team of lawyers who filed a personal biological petition for dozens of immigrants in the summer in Los Angeles.
“Literally, millions of people are now detained without bonds,” he said.
One of them is Ana Franco Galdamez, the mother of two American citizens who have been in the country for twenty years. She was being treated for breast cancer when she was arrested in a raid in Los Angeles County on June 19, where nearly one million Undocumented immigrantsaccording to estimates.
She was deprived of Bond and missed her treatment, but she was eventually released after a lawyer filed a habeas case.
“The detention conditions are terrible and their situation has gotten worse,” Frenzen said. “The government’s goal is to make it difficult for people to resist the case and give up.”
Federal judges ruled in some cases that denial of bonds violated federal statues and due process protected by the Constitution. The group is now seeking to block the File a class action lawsuit in the U.S. District Court for Central California. Other lawsuits are also waiting.
The Trump administration introduced baseless policies nationwide in a July memorandum, which paved the way for mandatory detention of immigrants.
This move was carried out after Congress authorization Expand immigration detention And suppression is carried out within the court and under immigration sign-in.
Immigrants arrested and detained (most people have been following rules adjustments, maintaining or gaining legal status).
For months, people in the immigration court system have been forced to enforce Trump administration policies. The judge has been fired and the Pentagon says it is confirming that military lawyers and judges are temporarily sitting on the bench.
The Department of Homeland Security did not respond to a request for comment. The Immigration Review Executive Office, which oversees Immigration Court, did not answer specific questions from The New York Times, but pointed out that the ruling was a precedent.
“In many cases, it deprives judicial discretion,” said Claire Trick McNurty, a former senior official in immigration and customs enforcement. “Basically, if you enter illegally, only the ICE can decide whether to withdraw from detention.”
The Immigration Appeal Board’s ruling stems from the case of Venezuelan immigration, who crossed the border near El Paso, Texas in November 2022, and was later granted temporary protection status. The decision was also tied together in the lawsuit after the Trump administration terminated the plan.
The board determined that immigration judges were not authorized to issue bonds because immigration “who were not admitted in the United States appeared in the United States…must be detained during their dismissal proceedings.”
In other words, the board’s decision treats people who have been in the United States for many years, just as new immigrants at the border, can be quickly deported without a bond.
“We already have clients who are pregnant, we have clients who are breastfeeding. We have clients who have never been arrested, let alone any crimes, who have never missed the ice check-in – they were all told they were, ‘They were forced to detain this new interpretation by the Trump administration,'” said Jordan Wells, attorney bay on the attorney board of the attorney board of the attorney board of the attorney board of the attorney board. “This now consolidates as land laws unless and until [the] The Federal Circuit ruled otherwise. ”
