Federal judge blocks Trump policy of detaining asylum-seekers indefinitely
U.S. District Judge Marsha Pechman in Seattle blocked a Trump administration policy Tuesday that would have prevented asylum-seekers from requesting bail in front of neutral immigration judges. That policy, announced by Attorney General William Barr in April and set to take effect July 15, would have kept migrants who had successfully demonstrated a credible fear of torture or persecution back home detained in the U.S. for months or years while their asylum claim was processed.
The migrants are entitled to Fifth Amendment due-process protections, including "a longstanding prohibition against indefinite civil detention with no opportunity to test its necessity," Peshman wrote. The government must allow asylum-seekers a bond hearing within seven days of their request, and if that deadline isn't met, the migrant must be released. The national class action was filed by the American Civil Liberties Union and the Northwest Immigrant Rights Project. The Justice Department is expected to appeal Peshman's ruling.
To be released on bond, asylum-seekers have to convince an immigration judge they are not flight risks and don't pose a threat to the public, The Associated Press reports. Leaving detention "gives the asylum-seekers an opportunity to reunite with relatives in the U.S. and to find lawyers to handle their asylum claims, making them more likely to succeed." About half of asylum-seekers are released after their bond hearings.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
'Horror stories of women having to carry nonviable fetuses'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Haiti interim council, prime minister sworn in
Speed Read Prime Minister Ariel Henry resigns amid surging gang violence
By Peter Weber, The Week US Published
-
Today's political cartoons - April 26, 2024
Cartoons Friday's cartoons - teleprompter troubles, presidential immunity, and more
By The Week US Published
-
Ukraine cheers House approval of military aid
Speed Read Following a lengthy struggle, the House has approved $95 billion in aid for Ukraine and Israel
By Peter Weber, The Week US Published
-
Poland, Germany nab alleged anti-Ukraine spies
Speed Read A man was arrested over a supposed Russian plot to kill Ukrainian President Zelenskyy
By Peter Weber, The Week US Published
-
Israel hits Iran with retaliatory airstrike
Speed Read The attack comes after Iran's drone and missile barrage last weekend
By Peter Weber, The Week US Published
-
Peter Murrell: Sturgeon's husband charged over SNP 'embezzlement' claims
Speed Read SNP expresses 'shock' as former chief executive rearrested in long-running investigation into claims of mishandled campaign funds
By Arion McNicoll, The Week UK Published
-
Mark Menzies: Tories investigate MP after 'bad people' cash claims
Speed Read Fylde MP will sit as an independent while party looks into allegations he misused campaign funds on medical expenses and blackmail pay-out
By Arion McNicoll, The Week UK Published
-
Why Johnson won't just pass Ukraine aid
Speed Read The House Speaker could have sent $60 billion in military aid to Ukraine — but it would have split his caucus
By Peter Weber, The Week US Published
-
Sudan on brink of collapse after a year of war
Speed Read 18 million people face famine as the country continues its bloody downward spiral
By Peter Weber, The Week US Published
-
Trump's first criminal trial starts with jury picks
Speed Read The former president faces charges related to hush money payments made to adult film star Stormy Daniels
By Peter Weber, The Week US Published