Judge Says Trump Administration Can’t Detain Asylum-Seekers Indefinitely

On July 2nd, a federal judge in Seattle ruled that asylum seekers have the right to a bond hearing in immigration court instead of being detained until their cases are finished. In his ruling, U.S. District Judge Marsha Pechman said:

“The court finds that plaintiffs have established a constitutionally-protected interest in their liberty, a right to due process, which includes a hearing before a neutral decision maker to assess the necessity of their detention and a likelihood of success on the merits of that issue.”

Additionally, Judge Pechman found issues with Attorney General William Barr’s order that told immigration judges not to release migrants on bail after an applicant successfully establishes “a credible fear of persecution or torture” in their home country.

Speaking about how Barr’s policy allows migrants to be re-detained by ICE after being released on bond, Pechman said:

“The Government’s unwillingness to unconditionally assert that Plaintiffs will not be re-detained means that the specter of re-detention looms and these Plaintiffs and many members of their class face the real and imminent threat of bondless and indefinite detention …”

We Can Guide You Through Your Immigration Case

Our legal team at Klinke Immigration, LLC, is glad to hear that the latest ruling handed down by Judge Pechman reaffirms that asylum seekers who cross the border have the right to be free from arbitrary detention. We know that current polices initiated under the Trump administration have made it harder immigrants to up hold the rights they are entitled to, which is why we are committed to helping clients with all of their immigration matters.

If you are dealing with an immigration matter, you should consult with our lawyers to make sure your rights are fully protected. Call (678) 713-4255 to schedule your case consultation today.