District Count Enjoins No Bond Policy, Trump Administration Objects
US News & World Reports reports on a federal court ruling blocking an order by Attorney General William Barr that would have denied some asylum-seekers a bond hearing, which would have allowed them to be indefinitely detaiuned until an asylum determination.
Judge Marsha J. Pechman of the U.S. District Court for the Western District of Washington ruled yesterday that the Attorney General’s order was unconstitutional: “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 decisionmaker to assess the necessity of their detention, and a likelihood of success on the merits of that issue.”.
Barr’s order, which was issued in April, blocked immigration judges from releasing migrants on bond after a “credible fear” interview in which it was determnined that they had legitimate concerns about their safety in their home country and should be allowed to pursue an asylum claim. Asylum seekers have for years been released from detention to await their court date, which could be months or years.
The White House responded to the ruling in harsh terms:
“Yesterday, a single, unelected district judge in Seattle issued an injunction that prevents the government from ensuring the detention of those aliens who cross the border unlawfully until the completion of their immigration court proceedings. The decision ignores an express statutory prohibition on granting class-wide injunctive relief against enforcement of the immigration laws and also holds unconstitutional a statute passed by bipartisan majorities in Congress during the Clinton administration that specifically prohibits the release of certain immigrants on bond.
The district court’s injunction is at war with the rule of law. The decision only incentivizes smugglers and traffickers, which will lead to the further overwhelming of our immigration system by illegal aliens. No single district judge has legitimate authority to impose his or her open borders views on the country. We must restore our democracy and ensure Americans have the voice to which they are entitled under our Constitution.”
KJ