A U.S. federal judge on Tuesday overturned a decision by the Board of Immigration Appeals(BIA) that upheld the implementation of a mandatory immigration detention policy for immigrants in deportation proceedings, a measure pushed during the administration of President Donald Trump.
The magistrate determined that the administrative body could not reinterpret the scope of a previous court order that had limited the automatic detention without the right to a bail hearing.
Court halts expansion of immigration detention
In its ruling, the court held that the board exceeded its authority.
This is an attempt to maintain in force an interpretation that had already been questioned by federal courts.
The ruling is a setback for the strategy of expanding mandatory immigration detention for persons subject to immigration proceedings.
Even those arrested far from the border or who had been residing in the country for some time.
The decision reinforces the view that immigrants should have access to individual hearings.
Before a judge to determine if they can face their case in freedom.
Although the federal government can appeal the ruling, legal experts told local media that the measure reaffirms the role of the courts as a counterweight to administrative decisions on immigration matters and could influence similar cases in other jurisdictions in the country.
With information from EFE
By way of conclusion
A federal judge overturned the Board of Immigration Appeals’ decision upholding mandatory immigration detention without a bond hearing for immigrants in deportation proceedings.
The court found that the BIA exceeded its authority by reinterpreting a previous court order limiting this practice.
The ruling halts the extension of automatic detention and reaffirms the right to individual hearings.
The Government may appeal the resolution.
For more information, visit QuéOnnda.com.
