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Federal Appeals Panel Reviews Indefinite Detention of Immigrants

Judges in the 9th U.S. Circuit Court of Appeals seemed to have issues with the Trump administration subjecting immigrants to indefinite detention.

Earlier in the year, Attorney General William Barr announced that asylum seekers with credible fears of being harmed if they are returned to their origin countries are still subject to deportation and can’t be released on bond by immigration judges.

During oral arguments before a federal appeals panel, Judge Michael Daly Hawkins asked Justice Department attorney Lauren Bingham, “Can we begin by your telling us if the government's position is that individuals in this class can be detained indefinitely with no process of a bond hearing? Yes or no?"

Bingham couldn’t provide an adequate response, which prompted Judge Hawkins to say, “I would like a yes or no answer to the question.”

The issue of how long asylum seekers could be held in detention was a major point of contention during the arguments because the panel had difficulty understanding exactly how long immigrants can be held in custody without being given the option of a bond hearing.

In July, US District Judge Marsha blocked the administration’s plans to deny bond hearings to immigrants seeking asylum on the grounds that people who are detained after crossing the border to seek asylum are “entitled to bond hearings and the chance to be released from custody under the Constitution.”

Immigration advocates have long argued that the high cost of most bonds for asylum seekers is unfair and restrictive because detainees can’t adequately prepare their cases, confer with counsel, or collect evidence to build their case.

Our lawyers will keep a close eye as this case as it continues to develop so that we can ensure we deliver the best possible immigration services to our clients. We know that immigrants face many challenges today, which is why we are here to help clients obtain the green cards and work visas they need to achieve their American Dream.

To speak to a lawyer at The Alagiri Immigration Law Firm, give us a call at (650) 931-2509 to request your consultation.