The Department of Justice‘s Board of Immigration Appeals ruled on Friday that migrants who are believed to have entered the United States illegally are not eligible to be released on bail with a bond, if such a measure is approved by an immigration judge.
Newsweek contacted the Department of Justice for comment on Saturday via an online inquiry form outside of regular office hours.
Why It Matters
The board’s ruling overturns previous Justice Department policy which meant anyone suspected of entering the U.S. illegally, but who could prove they have been living in the country for two years, was entitled to request an immigration judge to release them on bond.
This new ruling could result in many thousands of additional alleged illegal migrants being held in detention while their cases are heard in a move one immigration judge said could encourage them to self-deport.
What To Know
On Friday, the Board of Immigration Appeals considered the case of Jonathan Javier Yajure Hurtado, who crossed from Mexico into Texas without authorization in November 2022 and was subsequently granted protected status.
After this expired in April, Hurtodo was taken to an immigration detention facility in Tacoma, Washington state.
An immigration judge had concluded that under the Immigration and Nationality Act (INA) he lacked the jurisdiction to hear Hurtado’s request to be released on bond.
The Board of Immigration Appeals concurred with this ruling, concluded that Hurtodo, and others suspected of entering the U.S. unlawfully, don’t have the right to request a judge released them on bond while their immigration cases are considered.
This was because they initially entered the country “without inspection” by border control.
This is a major departure from previous Justice Department policy, under which such individuals could ask to be freed on bond as their cases proceed if they could prove they had been in the U.S. for two years.
Speaking to Politico about the board’s decision Dana Leigh Marks, a spokesperson for the National Association of Immigration Judges and a federal immigration judge for more than 30 years, suggested the ruling could encourage some detained migrants to self-deport, even if they have strong cases for remaining in the U.S.
Donald Trump won the 2024 presidential election on a pledge to dramatically clamp down on illegal immigration into the U.S.
Since he came to power U.S. Immigration and Customs Enforcement (ICE) has seen its budget and freedom to operate significantly increase, resulting in the first decline in America’s migrant population since the 1960s according to the Pew Research Center.
What People Are Saying
In its ruling the Board of Immigration Appeals said: “Under the plain reading of the INA, we affirm the Immigration Judge’s determination that he did not have authority over the bond request because aliens who are present in the United States without admission are applicants for admission as defined under section 235(b)(2)(A) of the INA, 8 U.S.C. § 1225(b)(2)(A), and must be detained for the duration of their removal proceedings.”
Dana Leigh Marks said: “It’s horrific. No self-respecting lawyer could look themselves in the mirror and take these positions… It’s a total cynical move to try to force people to litigate their cases while they’re detained.”
What Happens Next
Friday’s ruling is likely to spark a new wave of legal battles with district court judges having already ruled the practice of denying bond to suspected illegal migrants is unlawful.
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