Posted on 04/16/2019 4:52:58 PM PDT by jazusamo
Attorney General William Barr said in a new ruling issued Tuesday that asylum seekers who are able to demonstrate a "credible fear" and are then sent to full deportation proceedings are not eligible to be released on bond.
The ruling, which will go into effect in 90 days, states that a previous decision allowing for asylum seekers to be released on bond while their case is being heard by an immigration judge was incorrect. Only the Department of Homeland Security has the authority to release the asylum seekers, he wrote.
“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.
Barr is overturning a 2005 ruling that determined that asylum seekers are eligible for bond if they are able to exhibit they have credible fear of persecution or danger if they leave the U.S.
But the attorney general argues that, under the Immigration and Nationality Act, the administration is permitted to detain all undocumented immigrants who were initially placed in expedited removal proceedings, but then passed the credible fear test and were transferred to a full hearing before an immigration judge.
He also pointed to a 2018 Supreme Court ruling that found that the law did not place limits on how long an immigrant can be detained.
Some asylum seekers are exempted from this rule, like families and unaccompanied migrant children.
Barr’s directive comes shortly after a federal judge in Washington state ruled that certain asylum seekers who request a hearing before an immigration judge must be granted that hearing within seven days, or be released.
And the rule comes amid a legal battle on the Trump administration's policy requiring that asylum seekers remain in Mexico while their cases are under consideration.
A federal judge last week issued an injunction against the policy, but the Ninth Circuit Court of Appeals issued a stay for that order as it considers the administration's appeal.
President Trump has also recently spoken out against policies for asylum seekers.
“I’m sorry, we’re full," he said of his response to both asylum seekers and undocumented immigrants seeking to stay in the U.S., during a trip to the southern border earlier this month.
I found an interesting article here with some similarities to what I posted
Canada-U.S. Safe Third Country Agreement
That’s good, but where are they going to put them? Right now, seems as though everything is full.
When they’re taking the person’s name, aren’t they asked why they came here? I’d estimate 95% (or more) are economic migrants, not asylum seekers. As soon as the person says they came here because they couldn’t find a job in their home country, they should be put on a bus headed back.
Aren’t they doing any kind of 5min preliminary interview?
Well I'm sure Terd Kennedy and his ilk had everything to do with the stupid policy. And we all know he had no sense of any kind.
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