Held Without Bail? New Supreme Court Ruling for Immigrants

Last week, the Supreme Court declared that it is well within the government’s power to jail illegal immigrants facing deportation without the right to a bond hearing.

The majority favored the decision, three liberals in opposition. In past years, the Trump administration claimed that allowing immigrants bail on deportation charges would help them flee, among other immigration changes.

What Does This Mean for Immigrants in Jail?
Any immigrant should have a right to a fair trial whether they naturalized, arrived illegally, or on a visa. Detainees who fought lengthy legal battles with their deportation defense attorney are currently preparing for what’s to come. Without access to a bond hearing, many will get sent back to their native countries, where they could face violence and persecution without a chance to apply for asylum.

The lower courts believe the ruling impacts two provisions of immigration law.

• The first part – allowing deportees to seek release on bond.
• The second part – the ability for them to reenter the country after getting deported.

That is the third time that justices revoked lower court rulings that allowed certain immigrants to seek release. According to The Los Angeles Times, Stephen G. Breyer has argued why immigrants need this and why it is integral to our immigration system.

“I can find no good reason why Congress would have wanted categorically to deny bond hearings to those who, like respondents, seek to have removal withheld or deferred due to a reasonable fear of persecution or torture,” Breyer said.

Why Does This Opportunity Matter?
After getting caught for entering the U.S. illegally, immigrants often get sent to an immigration detainer by ICE (Immigration and Customs Enforcement). They get held there for 48 hours more for committing a violation.

If you get detained, ICE will conduct a full investigation on your legal status. You will get released immediately should your record show up clean. Any minor offense will hurt your case, ranging from speeding to overstaying on an expired visa.

A bond appeal allowed immigrants to present their case in front of an Immigration Judge. In Southern California, should you disagree with their decision before this law got passed, you could have pursued legal immigration help in Los Angeles for assistance filling out Form I-286. You would have checked the box stating you “request a redetermination of their custody decision” and that you “acknowledge the receipt of the notification.” Only then would you be able to fight against removal.

Need an Immigration Attorney?
If you’re facing deportation without bond because of this newly reformed policy, reach out to our law firm immediately. You’ve endured a tiring legal plight, and we might be able to help you obtain asylum if returning to your native country would jeopardize your safety. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.