RIVERSIDE, Calif. – A class-action lawsuit has been initiated by advocates for immigrant rights against the Trump administration, contesting a recently implemented policy that halts bond eligibility for immigrants in detention. The American Civil Liberties Union (ACLU) of Southern California announced the legal challenge on July 28.
The policy, enacted by U.S. Immigration and Customs Enforcement (ICE) on July 8, prohibits detained immigrants from seeking bond, which is a financial arrangement that allows individuals to secure their release while awaiting immigration hearings. Advocates argue that this change affects countless immigrants, regardless of how long they have resided in the U.S., and regardless of their criminal records, if any.
The ACLU highlighted a serious consequence of the new policy: “Tens of thousands of immigrants could remain incarcerated for extended periods as their immigration cases are processed, often dragging on for months or even years.” The lawsuit cites incidents where plaintiffs were detained without the opportunity for bond consideration at the Adelanto ICE Processing Center in Southern California.
The legal action serves as an amendment to an existing habeas corpus petition, prompting the court to order ICE to conduct bond hearings for the plaintiffs within a week. The plaintiffs are represented by the ACLU, the ACLU of Southern California, the Northwest Immigrant Rights Project, as well as legal counsel Niels Frenzen and Jean Reisz.
Matt Adams, the legal director for the Northwest Immigrant Rights Project, stated that the new policy undermines established immigration laws that have been in effect for three decades. He emphasized that individuals have the right to individualized custody determinations.
The ACLU asserts that the administration’s actions contravene both regulatory measures that allow immigrants to request release on bond and the constitutional guarantee of due process for all individuals in the U.S., including those who are undocumented. “Denying bond eligibility and the right to a hearing for determining flight risk or danger undermines fundamental rights,” an ACLU representative remarked.
Eva Bitrán, who serves as the director of immigrant rights and a senior staff attorney at the ACLU of Southern California, expressed strong disapproval of indefinite detention, deeming it unlawful. She noted that the current case aims to afford detainees an opportunity to contest the legality of their confinement.
Despite continuous federal court rulings affirming the rights of immigrants to have bond hearings, ICE maintains a stance that noncitizens do not qualify for these proceedings. Michael Tan, deputy director of the ACLU’s Immigrants’ Rights Project, criticized the administration’s intentions, stating that it is attempting to fundamentally alter constitutional rights by restricting access to bond for millions of immigrants.
The ACLU’s legal action highlights ongoing tensions surrounding immigration policies in the U.S. and raises critical questions about the rights of individuals caught in the intricate and often contentious immigration system.
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