Attorney General Barr’s order to detain certain asylum seekers indefinitely was , the judge wrote, ‘unconstitutional’…..
Migrants are supposed to be released on b one for hearings ….
Hearings take time because the whole immigration system is overwhelmed…
While some people never show up for the hearings ….
Barr reasoned that EVERYONE of them are suspect and he ordered that they NOT be processed, or let into the country until the hearing….
His call isn’t the way the law says things has and should be done…
A federal judge on Tuesday blocked an order from Attorney General William Barr that stated certain asylum-seekers can be detained indefinitely.
U.S. District Judge Marsha Pechman in Washington state wrote that it was “unconstitutional” to deny asylum-seekers a bond hearing while they wait for their asylum claims to be processed.
“It is the finding of this Court that it is unconstitutional to deny these class members a bond hearing while they await a final determination of their asylum request,” Pechman, a Clinton appointee, wrote in her ruling.
The judge had issued a preliminary injunction earlier this year that required asylum-seekers who are given a hearing in their proceedings to be released within seven days after that hearing is granted.
The Trump administration had asked her to dismiss that ruling after Barr issued his new asylum order. But Pechman rejected the request in her order on Tuesday, finding that the policy implemented by Barr’s order was unconstitutional.
The attorney general had written in the order, issued in April, that asylum-seekers who are able to demonstrate a “credible fear” and are sent to full deportation proceedings cannot be released on bond.
That directive overturned a ruling by the Board of Immigration Appeals in 2005 that found asylum-seekers could be released on bond if they are able to exhibit they have credible fear of persecution or danger if they leave the U.S.
“I conclude that such aliens remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States,” Barr wrote at the time, invoking a statute included in the Immigration and Nationality Act.
Pechman wrote that she was adjusting her previous preliminary injunction requiring the release of those impacted asylum-seekers to also address Barr’s order and that the new injunctions will go into effect within 14 days of it being issued.
The judge cited a previous Supreme Court ruling that “definitively established the immigrant detainees’ constitutionally-protected interest in freedom from unnecessary incarceration.”…