A Trump administration policy to deny bond audiences to immigrants who entered the country without authorization was confirmed by an immigration appeal board on Friday, expanding the mandatory detention to thousands of people who were already behind bars and potentially millions more throughout the country.
Although the policy is being challenged in a federal court, it is likely that the ruling of the Immigration Appeals Board will send an immediate chill through the immigration courts where the judges for decades have released people on bail to those who did not consider a risk of flight or danger.
Those judges are now bound by the decision of the Board. Immigration courts are not part of the judicial branch, but are under the Department of Justice.
Immigrants' rights lawyers say that immigrants to celebrate throughout their cases, a process that can sometimes take years, intends to break the spirit of many and force them to sign their own deportation orders.
“This is an effort to significantly increase the number of people in detention,” said Niels W. Frenzen, director of the Immigration Clinic of the USC Gould Law Faculty, which is part of a team of lawyers who have presented beans requests for dozens of immigrants collected during the summer raids in Los Angeles.
“Literally, millions of people are now subject to being retained without bail,” he said.
One of them is Ana Franco Galdamez, mother of two American citizens who has been in the country for two decades. I was receiving treatment for breast cancer when it was arrested in a June 19 raid in Los Angeles County, where almost 1 million undocumented immigrants reside, according to estimates.
He was denied the bond and lost the treatment, but was finally released after a lawyer presented a case of habeas.
“The detention conditions are horrible and have worsened even more,” said Frenzen. “The objective of the administration is to make people fight against their cases and surrender.”
Federal judges have ruled in several cases to refuse the bond violated the federal statutes and the due constitutionally protected process. The group is now trying to block the non -link policy in a collective claim filed in the United States District Court for the Central District of California. Other demands are also pending.
The Trump administration introduced the non -link policy at the national level in a memorandum in July, paving the way for the mandatory detention of immigrants.
The measure occurred after the Congress authorized the arrest of expanding immigration and the application in the midst of repression within the courts and in the immigration records.
Immigrants, most of whom had been following the rules to adjust, maintain or gain legal status, were arrested and detained.
For months, those within the immigration court system have been pressed to implement Trump administration policies. The judges have been fired, and the Pentagon has said that it is identifying military lawyers and judges to sit temporarily in the bank.
The National Security Department did not respond to a request for comments. The Executive Office of Immigration Review, which supervises the immigration courts, did not answer specific questions of the times, but pointed out that the ruling was a precedent.
“It is stripped of judicial discretion in many cases,” said Claire Trickler-McNulty, former high immigration official and customs compliance. “Basically he says that if you entered illegally, only Ice can decide whether you leave detention.”
The decision of the Immigration Appeals Board derives from the case of a Venezuelan immigrant who crossed the border in November 2022 near El Paso, and then a temporary protected status was granted. That state expired on April 2 after the Trump administration finished the program, a decision that is also linked in litigation.
The Board determined that immigration judges had no authority to issue bonds because immigrants “who are present in the United States without admission … must be arrested for the duration of their elimination procedures.”
In other words, the Board's decision treats people who have been in the US for years, just like immigrants newly arrived at the border, which can be quickly deported without bail.
“We have had clients who are pregnant, we have had customers who are breastfeeding. We have had clients who have never been arrested, much less commit, convicted of any crime that an ice check-in has never been lost, everyone is saying:” They are subject to mandatory detention due to this new interpretation of the Trump administration, “said Jordan Wells, a lawyer with the Civil Rights Committee on Civil Rights of Civil Rights of the Civil Rights of the Civil Rights of the Civil Rights of the Civil Rights of the Civil Rights of the Civil Rights. “This now solidifies that as the law of the Earth, unless and even [the] The Federal Circuit Court dictates otherwise. “
