McALLEN, Texas (AP) — A federal judge in California has broadened a recent decision that allows more detained immigrants to request bond hearings after the Trump administration abolished the practice in July 2020. Attorneys estimate that thousands of immigrants could benefit from this expanded order, although it is anticipated to face an appeal.
U.S. District Judge Sunshine S. Sykes announced on Tuesday that the order, which previously affected only a select group of immigrants involved in a California lawsuit, will now be applicable to immigrants detained across the United States. This ruling signifies a major shift in the landscape of immigration law concerning bond hearings.
This decision is part of an ongoing legal challenge against policy changes made by the Trump administration over the summer. U.S. Immigration and Customs Enforcement (ICE) indicated then that it would review its authority to detain noncitizens and subsequently rendered many noncitizens ineligible for bond hearings before an immigration judge. Before this policy modification, most noncitizens without criminal records arrested away from border areas had the right to request bond hearings, enabling them to potentially remain free while their immigration court cases were processed.
Judge Sykes issued her initial order on Thursday, declaring the new policy unlawful. A spokesperson for the Department of Homeland Security, Tricia McLaughlin, released a statement on Wednesday highlighting a September ruling from the Justice Department's Board of Immigration Appeals that supported the new guidelines set by the Trump administration. In her statement, McLaughlin argued that the previous policy "dangerously unleashed millions of unvetted illegal aliens into American communities" and noted concerns over vulnerabilities exploited under that framework.
While Judge Sykes' ruling could positively affect thousands of immigrants, it is important to note that it does not apply to everyone. Individuals with criminal convictions or those who have received expedited removal orders will remain ineligible for bond hearings.
Matt Adams, lead attorney for the plaintiffs in this case, reported that some immigration judges have already begun informing detained immigrants of their right to request bond hearings following Judge Sykes’ recent orders. He emphasized that many of these individuals have lived in the United States for years, some even for decades, and possess U.S. citizen family members. Adams highlighted that these individuals do not have criminal histories and do not present any danger or risk of flight, yet they were being detained without any opportunity for release during prolonged legal proceedings.
The implications of Sykes' expanded order resonate with a fundamental shift in the treatment of noncitizens within the immigration system, potentially restoring necessary avenues for legal recourse and relief for those most affected by the harsh policies instituted during the previous administration.
