Federal Immigration Ruling Allows Release of Detainees Without Bond

A Seattle-area federal judge issued an immigration ruling that could allow thousands of detainees to be released without bond. U.S. District Judge Robert Lasnik ruled that the Department of Justice must retract a policy that required detained undocumented immigrants to post a bond before they could be released. The immigration ruling enforces a rule that had allowed qualified immigrants to be released on their own recognizance pending their immigration hearings.

Immigration Ruling Stems From Lawsuit

Judge Lasnik’s immigration ruling came as a result of a lawsuit brought on behalf of a Honduran immigrant. Last October, attorneys for Maria Sandra Rivera filed a suit stating that she was unfairly detained and ordered to post a $3,500 bond. The suit maintained that Ms. Rivera had applied for asylum after escaping a life of slavery and torture in her native Honduras. An interview with Immigration and Customs Enforcement agents determined that she qualified for asylum and was not a flight risk.

“Conditional Parole” Sparks Immigration Ruling

Ms. Rivera’s attorneys applied for “conditional parole,” which allows qualified immigrants to be released while the courts determine their immigration status. The lawsuit alleges that applicants are routinely subjected to immigration rulings where their conditional parole is denied, regardless of their status. These denials typically stem from a conflicting policy from the Department of Justice, which requires that undocumented immigrants post a bond of at least $1,500, regardless of if the person poses a threat or flight risk.

Immigration Ruling Could Release Thousands of Detainees

Judge Lasnik’s immigration ruling could affect thousands of detained immigrants across the country. In his ruling, he wrote that the thousands of immigrants currently under detention “may immediately challenge their hearings…on the grounds that their continued detention is an unnecessary harm.” He also wrote that the lower court’s continued denials of conditional parole amounted to a breach of the detainee’s right to due process. The immigration ruling also stated that current immigration law allows “that an immigration judge may consider conditions for release beyond a monetary bond.”

DOJ Contests Immigration Ruling

Attorneys with the Department of Justice have announced their plans to contest Judge Lasnik’s immigration ruling. The DOJ believes that the Seattle court did not have the jurisdiction to make such a sweeping immigration ruling. Assistant U.S. Attorney Erez Reuveni told reporters that the Board of Immigration Appeals will make an immigration ruling on a similar case, which should supersede Judge Lasnik’s decision. Federal attorneys also stated that the Rivera case is moot, since she has since been granted asylum and released from detention, so the ruling should not stand.

Source: Seattle Times

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