U.S. judge says asylum seekers cannot be denied bond hearings


Reuters | Washington DC | Updated: 03-07-2019 06:08 IST | Created: 03-07-2019 06:07 IST
U.S. judge says asylum seekers cannot be denied bond hearings
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A federal judge ruled on Tuesday that people seeking asylum in the United States cannot constitutionally be denied a bond hearing that could result in their release from detention while awaiting a decision on their asylum petitions. The decision by U.S. District Judge Marsha Pechman in Washington state blocks a move by President Donald Trump's attorney general, William Barr, who concluded in April that asylum seekers who entered the country illegally were not eligible for bond.

Barr's decision was in keeping with the Trump administration's efforts to crack down on the asylum process as tens of thousands of people, mostly Central Americans, have been crossing into the United States seeking refuge from turmoil at home. But Pechman wrote in her ruling on Tuesday that "it is unconstitutional to deny these class members a bond hearing while they await a final determination of their asylum request."

The U.S. Justice Department declined to comment on the ruling. Pechman issued the ruling as part of a modification to a preliminary injunction issued earlier.

She reaffirmed her decision that bond hearings be conducted within seven days of being requested by asylum seekers. She said the burden of proof should be on the Department of Homeland Security to demonstrate why an asylum seeker should not be released on parole. The groups that had challenged Barr's decision welcomed the judge's ruling.

"Today’s decision safeguards many asylum-seekers from the attorney general’s unlawful efforts to keep them incarcerated indefinitely while they seek protection from persecution and ensures that they have prompt bond hearings with basic due process protections," Trina Realmuto, an attorney for the American Immigration Council, said in a statement.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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