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Immigration detention policy halted by federal judge

On Behalf of | Jul 9, 2019 | Asylum

Florida residents are likely aware that immigration has become one of the nation’s most contentious political issues. President Trump has referred to the situation at the U.S.-Mexico border as a crisis, and many of the measures he has taken to address the problem have been criticized by his opponents and challenged in the courts by civil rights groups. One such case was argued before a federal judge on July 2, and the outcome was another setback for the Trump administration.

The judge ruled that detaining asylum-seeking migrants until their cases have been completed violates the U.S. Constitution. The ruling effectively halts a policy put into place by Attorney General William Barr in April. The judge also criticized the policy because it allows Immigration and Customs Enforcement agents to detain asylum seekers after they have been released on bail. According to the judge, this could lead to indefinite detention.

The White House was quick to react to the ruling. On July 3, an administration spokesperson said that an unelected federal judge has ignored the rule of law to impose her personal politics on the country. The spokesperson also said that the injunction issued by the judge would be applauded by smugglers and human traffickers. The ruling requires immigration authorities to grant bond hearings to asylum seekers within seven days. The Department of Justice is expected to file an appeal.

The obstacles facing those seeking a new life in the United States can seem overwhelming. Attorneys with experience in immigration cases could help those hoping to be granted asylum to collect evidence of a genuine and credible threat of persecution based on their race, national origin, religion, or political opinions.