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A court decision represents an important relief for thousands of immigrants who remain in the custody of the Immigration and Customs Enforcement (ICE). A federal court determined that the agency will not be able to keep certain people detained indefinitely without giving them the opportunity to request a bond hearing.
The ruling limits a practice that had allowed ICE to keep some immigrants detained for long periods while their immigration cases moved forward.
The ruling could change the situation of thousands of foreigners who remain deprived of their freedom in different detention centers in the United States.
What changes for immigrants detained by ICE?
The decision was issued by the U.S. Court of Appeals for the Ninth Circuit, which concluded that the U.S. government will not be able to keep certain immigrants detained for more than 90 days without offering them a bond hearing.
According to the ruling, once that deadline is exceeded, the authorities must justify before a judge why the person should remain detained while their immigration proceedings move forward.
The ruling represents a significant change for those facing deportation proceedings and remaining in custody for months without knowing when they will regain their freedom.
Who will be able to benefit from this court ruling?
The measure mainly applies to immigrants detained by ICE whose removal from the country could not be carried out within the period set by law.
In these cases, immigration authorities must allow an immigration judge to assess whether release on bond should be granted, taking into account factors such as flight risk, criminal history, and the possible danger to the community.
This does not mean that all immigrants will be released automatically, but rather that they will have the right to judicial review of their situation.
Does the ruling apply to all immigrants in the United States?
The decision does not remove ICE’s authority to detain people subject to immigration proceedings, nor does it suspend deportations.
Its scope is aimed at a specific group of immigrants who remain detained for extended periods and whose removal cannot be carried out within the time set by the regulations.
In any case, the ruling is considered to have a major impact on future litigation related to the length of immigration detention and the due process guarantees of foreign nationals in the United States.