A federal judge in the United States has rejected a decision made by an administrative board that supported the Trump administration’s practice of detaining individuals arrested during its immigration crackdown without the option of release on bond. U.S. District Judge Sunshine Sykes in Riverside, California, overturned the Board of Immigration Appeals’ decision, criticizing the administration for instilling fear in immigrants and violating the law. The judge found that the administration had failed to comply with her earlier ruling that deemed the policy unlawful.
Judge Sykes emphasized the importance of providing detained individuals with the opportunity for bond hearings and access to legal counsel. She called out the Department of Homeland Security (DHS) for not following her directives, which required notifying detainees of their eligibility for bond and granting them access to legal representation promptly.
The dispute revolves around the interpretation of U.S. immigration law regarding mandatory detention for “applicants for admission.” The DHS’s stance last year considered non-citizens already living in the U.S. as applicants for admission, leading to a controversial decision by the Board of Immigration Appeals in September. This decision resulted in immigration judges nationwide mandating detention for such individuals, sparking a legal battle.
Despite initially ruling the DHS policy as unlawful, Judge Sykes concluded that further action was necessary due to conflicting guidance issued by Chief Immigration Judge Teresa Riley. The issue has created a divide among U.S. courts, with different rulings on the legality of the administration’s actions. While some courts have upheld the administration’s stance, many judges, including Sykes, have rejected it.
In her recent decision, Judge Sykes criticized the DHS for misleadingly portraying Immigration and Customs Enforcement (ICE) operations as targeting only serious criminal offenders. She highlighted concerns about the government’s actions, citing instances where American citizens were harmed during ICE operations.
The ruling by Judge Sykes nullifies the board’s decision, allowing detained individuals to seek bond hearings. Legal experts and advocates hope that this decision will lead to a shift away from mandatory detention practices. The White House deferred comment to the DHS, which emphasized ICE’s adherence to court decisions until challenged at the highest level.
With bond hearings now a possibility, thousands of immigrants have petitioned for release through federal courts. Sykes, appointed by President Biden, reiterated the importance of due process for immigrants, emphasizing the impact on families and communities.
