In brief
U.S. District Judge Sunshine S. Sykes has extended eligibility for bond hearings to detained immigrants without criminal records nationwide. This ruling emerges from a lawsuit challenging the Trump administration's summer policy changes that barred many immigrants from bond hearings. The decision could positively affect thousands of immigrants, although it may face an appeal. The right to request a bond hearing reinstates a crucial legal option for many who have been settled in the U.S. for years.
McALLEN, Texas (AP) — A federal judge in California has expanded a decision granting more detained immigrants the ability to request a bond hearing after the Trump administration ended the practice in July.
U.S. District Judge Sunshine S. Sykes on Tuesday expanded an order from last week granting detained immigrants with no criminal history the opportunity to request a bond hearing. Now, instead of only impacting a few named in the California lawsuit, the decision will apply to immigrants held in detention nationwide.
This is part of an ongoing lawsuit challenging changes the Trump administration made over the summer when U.S. Immigration and Customs Enforcement stated it would make noncitizens ineligible for bond hearings before an immigration judge.
Prior to the policy change, most noncitizens with no criminal record who were arrested away from the border had an opportunity to request such a hearing and, if bond was granted, remain free while their cases wound through immigration court.
Sykes issued an order on Thursday that found the new policy unlawful. A spokesperson for the Department of Homeland Security, Tricia McLaughlin, released a statement that pointed to a September decision from the Justice Department’s Board of Immigration Appeals allowing the new policy.
Her statement did not mention whether Sykes’ decision would be appealed, and the department did not respond to questions on the matter.
Tuesday’s decision could impact thousands of immigrants but not all. Those with criminal convictions or who have an expedited removal order would still be barred from a bond hearing.
Matt Adams, lead attorney for the plaintiffs, noted that immigration judges had begun advising some immigrants of their right to a bond hearing since Sykes’ orders were filed. “These are people who’ve been living here in the United States, many for years, many for decades, who have U.S. citizen family members, who have no criminal history, who do not present any danger or flight risk, and yet they were being locked up without any possibility of being released during these lengthy proceedings,” Adams stated.
