Barr rules that asylum-seekers must be detained during deportation proceedingsThe Hill, Apr 16, 2019, Jacqueline Thomsen
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.
More:
https://thehill.com/latino/439219-barr-rules-that-asylum-seekers-must-be-detained-during-deportation-proceedings