一名联邦法官推翻了国土安全部7月份实施的一项政策,该政策迫使大多数未经检查进入美国的移民在整个驱逐程序中一直被拘留。
这一决定可能会释放数千名被强制拘留的移民。
周二,加州法官Sunshine Suzanne Sykes认证了一个类别,向“已经或将要未经检查进入美国”的移民以及那些在进入美国时最初没有被拘留的移民提供救济。
7月,DHS制定了一项政策,要求移民局考虑在美国被捕并被视为不可接受的移民作为“入境申请人”该政策取消了移民寻求保释的权利,无论他们是否已经在美国生活多年,也无论他们是否有犯罪记录。
在前几届政府执政期间,一些移民,甚至那些未经检查进入美国的移民,都有资格获得保释,因此可以在他们的法庭案件继续审理期间被释放。
新政策宣布后不久,移民权利倡导者代表四名被拘留在加州ICE拘留所的个人提起了集体诉讼,他们被拒绝考虑保释。
7月28日,赛克斯法官发布了一项临时限制令,禁止特朗普政府继续拘留这四名被点名的请愿者。这些个人的律师随后开始为ICE政策下的人寻求集体诉讼救济。
“这个国家的任何人在驱逐程序中处于这种地位,并且因为他们第一次未经检查或未经允许进入而被拒绝保释听证会,现在可以获得保释,就像他们过去30年一样,”本案的首席律师马特·亚当斯说。
Thousands of immigrants could be eligible for bond hearings, striking down DHS policy: Judge
A federal judge has struck down a Department of Homeland Security policy implemented in July that forced most immigrants who entered the United States without inspection to remain in detention throughout their removal proceedings.
The decision could potentially allow thousands of immigrants who have been subject to mandatory detention to be released.
On Tuesday, Judge Sunshine Suzanne Sykes in California certified a class granting relief to migrants who “have entered or will enter the United States without inspection” and those who were not initially detained when they came into the country.
In July, DHS instituted a policy that required ICE to consider immigrants arrested in the U.S. and deemed inadmissible as “applicants for admission.” The policy removed immigrants' ability to seek release on bond regardless of whether they had been living in the U.S. for years or whether they had a criminal record.
Under previous administrations, some migrants, even those who entered the country without inspection, could be eligible for bond and could therefore be released while their court cases continued.
Shortly after the new policy was announced, immigrant rights advocates filed a class action lawsuit on behalf of four individuals detained at an ICE detention in California who were denied consideration for bond.
On July 28, Judge Sykes issued a temporary restraining order that barred the Trump administration from continuing to detain the four named petitioners. The attorneys for the individuals then moved to seek class action relief for people subject to the ICE policy.
“Anyone in the country who's in this position within removal proceedings and is being denied a bond hearing because they first entered without inspection or without being admitted, is now able to get a bond, just like they were for the last 30 years,”said Matt Adams, the lead attorney in the case.





