Civil rights organizations, led by the American Civil Liberties Union(ACLU), have filed a federal lawsuit against President Donald Trump’s administration for implementing a policy that eliminates the possibility of bail for thousands of immigrants detained in the U.S.
The legal action, considered a key step in the defense of due process, has as its centerpiece the recent instruction by Immigration and Customs Enforcement (ICE) that prevents immigrants without criminal records or with pending asylum applications from applying for bond while their cases are being resolved.
What does the lawsuit say?
The legal document argues that the new policy violates the Fifth Amendment of the U.S. Constitution.
This is by denying the right to due process of law.
According to Michael Tan, deputy director of the ACLU’s Immigrants’ Rights Project:
“The Constitution guarantees the right to equality and due process to all persons within the country, regardless of their immigration status.”
If the measure remains in force, thousands of immigrants would be detained indefinitely, even for years.
No parole options while their immigration cases are evaluated in overcrowded courts.
Who supports the claim?
If the measure remains in effect, thousands of immigrants could be detained indefinitely
QuéOnnda.com
The class action lawsuit has been filed by the national ACLU, along with the ACLU of Southern California.
As well as by the Northwest Immigrant Rights Project (NWIRP) and attorneys Niels Frenzen and Jean Reisz, experts in immigration law.
The appeal seeks to represent all immigrants affected by this policy in the U.S., including those detained at the Adelanto detention center in Adelanto, California.
Impact in Puerto Rico and other regions
According to Annette Martínez, director of the ACLU in Puerto Rico, the policy has had an impact even outside the mainland.
“There have already been documented cases of people detained on the island who were unjustly denied bail,” he said.
The widespread elimination of bond hearings has been especially detrimental to immigrants with asylum cases, victims of violence, or people with family ties in the U.S.
Who now face the possibility of spending months or years in detention centers without even appearing before an immigration judge to request their release.
For more information, visit QuéOnnda.com.
