ICE declares millions of undocumented immigrants ineligible for bond hearings

Source: Washington Post

By Maria Sacchetti and Carol D. Leonnig

The Trump administration has declared that immigrants who arrived in the United States illegally are no longer eligible for a bond hearing as they fight deportation proceedings in court, according to documents reviewed by The Washington Post.

In a July 8 memo, Todd M. Lyons, acting director of Immigration and Customs Enforcement, told officers that such immigrants should be detained “for the duration of their removal proceedings,” which can take months or years. Lawyers say the policy will apply to millions of immigrants who crossed the U.S.-Mexico border over the past few decades, including under Biden.

In the past, immigrants residing in the U.S. interior generally have been allowed to request a bond hearing before an immigration judge. But Lyons wrote that the Trump administration’s departments of Homeland Security and Justice had “revisited its legal position on detention and release authorities” and determined that such immigrants “may not be released from ICE custody.” In rare exceptions immigrants may be released on parole, but that decision will be up to an immigration officer, not a judge, he wrote.

The provision is based on a section of immigration law that says unauthorized immigrants “shall be detained” after their arrest, but that has historically applied to those who recently crossed the border and not longtime residents.

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