The U.S. Attorney General on Tuesday struck down a decision that had allowed some asylum seekers to ask for bond in front of an immigration judge, in a ruling that expands indefinite detention for some migrants who must wait months or years for their cases to be heard.
But before Barr’s ruling, those who had crossed the border between official entry points and asked for asylum were eligible for bond, once they had proven to asylum officers they had a credible fear of persecution.
“I conclude that such aliens remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States,” Barr wrote.
This is ridiculous! Trying to deter people who are fleeing from violence should not only be allowed to safely apply for asylum, they should not be punished for doing so. Period.
The decision’s full impact is not yet clear, because it will in large part depend on DHS’ ability to expand detention, said Steve Vladeck, a law professor at the University of Texas.
“The number of asylum seekers who will remain in potentially indefinite detention pending disposition of their cases will be almost entirely a question of DHS’s detention capacity, and not whether the individual circumstances of individual cases warrant release or detention,” Vladeck said.
(Cover Photo Cred: Lucy Nicholson)