Federal Judge Blocks AG’s Order On Indefinite Detention For Asylum-Seekers

[Marilyn MonHoe 11,011]

A federal judge on Tuesday blocked an order from Attorney General William Barrthat stated certain asylum-seekers can be detained indefinitely.

U.S. District Judge Marsha Pechman in Washington state wrote that it was "unconstitutional" to deny asylum-seekers a bond hearing while they wait for their asylum claims to be processed.

"It is the finding of this Court that it is unconstitutional to deny these class members a bond hearing while they await a final determination of their asylum request," Pechman, a Clinton appointee, wrote in her ruling.

The judge had issued a preliminary injunction earlier this year that required asylum-seekers who are given a hearing in their proceedings to be released within seven days after that hearing is granted.

The Trump administration had asked her to dismiss that ruling after Barr issued his new asylum order. But Pechman rejected the request in her order on Tuesday, finding that the policy implemented by Barr’s order was unconstitutional.

The judge cited a previous Supreme Court ruling that “definitively established the immigrant detainees’ constitutionally-protected interest in freedom from unnecessary incarceration.”

And she wrote that the immigrants “are entitled to due process protections,” including a “longstanding prohibition against indefinite civil detention with no opportunity to test its necessity.”

“The Court finds that Plaintiffs have established a constitutionally-protected interest in their liberty, a right to due process which includes a hearing before a neutral decisionmaker to assess the necessity of their detention, and a likelihood of success on the merits of that issue,” Pechman wrote.

And the judge again ruled that the asylum-seekers are likely to face “irreparable harm” under the policy.

“All the harms attendant upon their prolonged detention cited in the original ruling on Plaintiffs’ request for injunctive relief remain applicable here — substandard physical conditions, low standards of medical care, lack of access to attorneys and evidence as Plaintiffs prepare their cases, separation from their families, and re-traumatization of a population already found to have legitimate circumstances of victimization,” the ruling states.

Pechman also pushed back against the administration’s argument that the potential harm was “speculative,” saying that those claims “lack substance.”

Source: https://thehill.com/regulation/court-battles/451456-federal-judge-blocks-barr-order-on-indefinite-detention-for-asylum

 

It’s so disgusting how Trump and his administration are so unnecessarily cruel. At least some parts of our government are still doing the right thing.

[Fingerella 3,170]

Thought this wqs abour Ariana Gramde

[Marilyn MonHoe 11,011]

5 minutes ago, Fingerella said:

Thought this wqs abour Ariana Gramde

I- 

[Louvre 4,499]

15 minutes ago, Fingerella said:

Thought this wqs abour Ariana Gramde

same 

[Woolfsmck 2,763]

14 minutes ago, Marilyn MonHoe said:

A federal judge on Tuesday blocked an order from Attorney General William Barrthat stated certain asylum-seekers can be detained indefinitely.

U.S. District Judge Marsha Pechman in Washington state wrote that it was "unconstitutional" to deny asylum-seekers a bond hearing while they wait for their asylum claims to be processed.

"It is the finding of this Court that it is unconstitutional to deny these class members a bond hearing while they await a final determination of their asylum request," Pechman, a Clinton appointee, wrote in her ruling.

The judge had issued a preliminary injunction earlier this year that required asylum-seekers who are given a hearing in their proceedings to be released within seven days after that hearing is granted.

The Trump administration had asked her to dismiss that ruling after Barr issued his new asylum order. But Pechman rejected the request in her order on Tuesday, finding that the policy implemented by Barr’s order was unconstitutional.

The judge cited a previous Supreme Court ruling that “definitively established the immigrant detainees’ constitutionally-protected interest in freedom from unnecessary incarceration.”

And she wrote that the immigrants “are entitled to due process protections,” including a “longstanding prohibition against indefinite civil detention with no opportunity to test its necessity.”

“The Court finds that Plaintiffs have established a constitutionally-protected interest in their liberty, a right to due process which includes a hearing before a neutral decisionmaker to assess the necessity of their detention, and a likelihood of success on the merits of that issue,” Pechman wrote.

And the judge again ruled that the asylum-seekers are likely to face “irreparable harm” under the policy.

“All the harms attendant upon their prolonged detention cited in the original ruling on Plaintiffs’ request for injunctive relief remain applicable here — substandard physical conditions, low standards of medical care, lack of access to attorneys and evidence as Plaintiffs prepare their cases, separation from their families, and re-traumatization of a population already found to have legitimate circumstances of victimization,” the ruling states.

Pechman also pushed back against the administration’s argument that the potential harm was “speculative,” saying that those claims “lack substance.”

Source: https://thehill.com/regulation/court-battles/451456-federal-judge-blocks-barr-order-on-indefinite-detention-for-asylum

 

It’s so disgusting how Trump and his administration are so unnecessarily cruel. At least some parts of our government are still doing the right thing.

Okay.  Sound right..

Question .. .

Released asylum detainee's go where?

Because said persons are still foreign nationals from....

If they 'choose' to await a hearing beyond 7 days then they deserve decent facilities and treatment.   

Dentention shouldn't be punishment either...

[FATCAT 60,899]

1 minute ago, Woolfsmck said:

Okay.  Sound right..

Question .. .

Released asylum detainee's go where?

Because said persons are still foreign nationals from....

If they 'choose' to await a hearing beyond 7 days then they deserve decent facilities and treatment.   

Dentention shouldn't be punishment either...

So basically they used to let them post bond so that they could chill out in and around wherever their case would be heard, but Trump now detains them pending trial. Now they're overflowing with people and can't even get beds/soap for kids & people are forced to stay in overcrowded standing-only rooms for days/weeks.

[Woolfsmck 2,763]

6 minutes ago, FATCAT said:

So basically they used to let them post bond so that they could chill out in and around wherever their case would be heard, but Trump now detains them pending trial. Now they're overflowing with people and can't even get beds/soap for kids & people are forced to stay in overcrowded standing-only rooms for days/weeks.

K...clarifies for me...Trump doesn't believe they will honor the terms of the bond...so illegal detention ...

[FATCAT 60,899]

17 minutes ago, Woolfsmck said:

K...clarifies for me...Trump doesn't believe they will honor the terms of the bond...so illegal detention ...

Basically, but it's actually not his call, everyone gets the same treatment. That's why the judge just blocked this AG policy.

Another thing: asylum seekers have a pretty good incentive to stick around, because if their cases is heard and accepted, they get legal papers to stay in the country. Flee after bail and now you have a criminal record. Never gonna get it.

[Woolfsmck 2,763]

https://www.yahoo.com/news/trump-says-migrants-living-far-195925572.html

Trump says detention is better than where they came from.

 

Pretty cold hearted statement.

[Marilyn MonHoe 11,011]

2 minutes ago, Woolfsmck said:

https://www.yahoo.com/news/trump-says-migrants-living-far-195925572.html

Trump says detention is better than where they came from.

 

Pretty cold hearted statement.

He’s a monster 

[Woolfsmck 2,763]

18 minutes ago, Marilyn MonHoe said:

He’s a monster 

This really shows the disconnect leadership has a with common people.