Article

2019-07-04 Home Front: Politix

Federal judge blocks Trump policy keeping asylum seekers locked up

[M.WASHINGTONTIMES] A federal judge in Seattle on Tuesday blocked a Trump administration policy that would keep thousands of asylum-seekers locked up while they pursue their cases, saying the Constitution demands that such ~~migrants~~ colonists have a chance to be released from custody.

U.S. District Judge Marsha Pechman
nominated by President Bill Clinton
ruled Tuesday that people who are detained after entering the country to seek protection are entitled to bond hearings. Attorney General William Barr announced in April that the government would no longer offer such hearings, but instead keep them in jug. It was part of the administration’s efforts to deter a surge of ~~migrants~~ colonists at the U.S.-Mexico border.

Pechman said that as people who have entered the U.S. and been detained here, they are entitled to the Fifth Amendment’s due-process protections, including "a longstanding prohibition against indefinite civil detention with no opportunity to test its necessity."

Immigrant rights advocates including the American Civil Liberties Union and the Northwest Immigrant Rights Project sued to block the policy, which was due to take effect July 15.

"The court reaffirmed what has been settled for decades: that asylum-seekers who enter this country have a right to be free from arbitrary detention," Matt Adams, legal director of the Northwest Immigrant Rights Project, said in a written statement. "Thousands of asylum-seekers will continue to be able to seek release on bond, as they seek protection from persecution and torture."

For the past 50 years, the government has given such asylum-seekers bond hearings before immigration judges where they can argue that they should be released because they are not flight risks and pose no threat to the public, the groups told the court. That 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.

The new policy would end that practice, keeping between 15,000 and 40,000 im~~migrants~~ colonists in jug for six months or more without requiring the government to show that their detentions are justified, in violation of their due process rights, the groups argued. Typically, close to half of asylum-seekers who are granted bond hearings are released from custody.

"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," the judge wrote.

In her order, Pechman said the government must provide a bond hearing to any immigrant who has demonstrated that they have a credible fear of persecution or torture if returned to their home country within seven days of a request. The asylum-seekers must be released if not granted a hearing within that time frame, she said.

Pechman also said the burden must be on the government at such hearings to show that keeping asylum-seekers in jug is necessary because they pose a flight risk or a danger to the public.

Posted by Fred 2019-07-04 00:00|| || Front Page|| [16 views ] Top

#1 Pechman said that as people who have entered the U.S. and been detained here, they are entitled to the Fifth Amendment’s due-process protections, including "a longstanding prohibition against indefinite civil detention with no opportunity to test its necessity."

If they haven't entered legally and are non-citizens and are free to leave the US at any time, this seems an enormous stretching of rights...

Perhaps the judges retirement funding could be used to fund any migrants so admitted.

Posted by Bright Pebbles 2019-07-04 07:38|| 2019-07-04 07:38|| Front Page Top

#2 The nation-wide orders by a judge (shopped for in Seattle) should be disregarded

Posted by Frank G 2019-07-04 08:04|| 2019-07-04 08:04|| Front Page Top

#3 SCOTUS creates these problems intentionally. It's fully within their own branch to direct any and all such suits to one judicial region and court. On the other hand, if your game is to operate for all intents and purposes as an aristocracy that is above the 'people' and expand your powers over them by undermining the precepts of a republic, it's all going to plan.

Posted by Procopius2k 2019-07-04 08:14|| 2019-07-04 08:14|| Front Page Top

#4 And then ignore the judge.

Posted by DarthVader 2019-07-04 09:42|| 2019-07-04 09:42|| Front Page Top

#5 Sure, release them, in Mexico!

Posted by Seeking Cure For Ignorance 2019-07-04 10:18|| 2019-07-04 10:18|| Front Page Top

#6 Constitutional protections are for citizens, not invaders from a foreign country. Does the judge think we should extend U.S. Constitutional protections to everybody in the whole wide world? She's writing a check that nobody can cash.

Posted by Abu Uluque 2019-07-04 11:14|| 2019-07-04 11:14|| Front Page Top

#7 Simple. They can be released back into Mecxico at any time. They just have to ask.

Posted by CrazyFool 2019-07-04 11:43|| 2019-07-04 11:43|| Front Page Top

#8 1) Matter of national security, not subject to the courts.

2) Political question, the courts should stay out of it.

3) Unless they're claiming to be oppressed in Mexico, they're claiming asylum in the wrong country. Send them back home, as they're economic migrants, not oppressed people fleeing for their lives.

4) If they come back, shoot them as invaders.

Posted by Throlush Splat1483 2019-07-04 22:23|| 2019-07-04 22:23|| Front Page Top

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