Under past administrations, people with no criminal record could generally request a bond hearing before an immigration judge while their cases wound through immigration court unless they were stopped at the border. President Donald Trump ‘s White House reversed that policy in favor of mandatory detention.
Immigrants by the thousands have been turning to federal courts by using another legal tool: habeas corpus petitions. While the administration scored a major legal victory Friday, here’s a look at how that’s affecting federal courts and what some judges have done in response:
In Minnesota, where the administration’s immigration enforcement surge continues, U.S. District Chief Judge Patrick Schiltz said in a Jan. 26 order Trump officials had made “no provision for dealing with the hundreds of habeas petitions and other lawsuits that were sure to result.” The court had received more than 400 habeas petitions in January alone, according to a filing by the government in a separate case.
And in the Southern District of New York, U.S. District Judge Arun Subramanian said in an opinion in December that the district had been “flooded” with petitions for relief from immigrants who posed no flight risk or danger but were nonetheless imprisoned indefinitely. Subramanian, who was nominated by President Joe Biden, a Democrat, and presides in New York City, granted a 52-year-old Guinean woman’s habeas petition and ordered her release.
“No one disputes that the government may, consistent with the law’s requirements, pursue the removal of people who are in this country unlawfully,” he wrote. “But the way we treat others matters.”
The administration defends its actions
DHS and the Justice Department, which also emailed a statement, slammed the judiciary.
“If rogue judges followed the law in adjudicating cases and respected the Government’s obligation to properly prepare cases, there wouldn’t be an ‘overwhelming’ habeas caseload or concern over DHS following orders,” the Justice Department statement said.
On Friday, a federal appeals court backed the administration’s policy of detaining immigrants without bond. The 2-1 ruling by a panel of the 5th U.S. Circuit Court of Appeals marked a major legal victory for the government and countered a slew of recent lower court decisions that argued the practice was illegal.
Immigration attorneys accuse the administration of flouting a key court decision
But plaintiffs’ attorneys said the administration continued to deny bond hearings.
“This was a clear cut example of blatant defiance, blatant disregard of a court’s order,” Matt Adams, lead attorney for the plaintiffs, told The Associated Press in January.
According to Sykes, the government argued her decision was “advisory” and told immigration judges, who work for the Justice Department and are not part of the judicial branch, to ignore it. The judge said she found the latter instruction “troubling.”
In its statement, DHS said “activist judges have attempted to thwart President Trump from fulfilling the American people’s mandate for mass deportations.”
Judges are trying to find ways to ease the burden
Maryland District Court Chief Judge George L. Russell III has ordered the administration not to immediately remove any immigrants who file habeas petitions with his court, under certain conditions. Russell, who was nominated by President Barack Obama, a Democrat, said in an amended order in December that the court had received an influx of habeas petitions after hours that “resulted in hurried and frustrating hearings.”
In Tacoma, Washington, U.S. District Judge Tiffany Cartwright ordered the administration last month to give immigrants detained at a processing center in Tacoma notice of her ruling that the mandatory detention policy was illegal. Cartwright, who was also nominated by Biden, said the high volume of habeas filings had put a “tremendous strain” on immigration attorneys and the court.
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