DENVER — A new wave of immigration policies from Immigration and Customs Enforcement (ICE) is drawing criticism from advocates for immigrant rights. Advocates argue that recently announced guidelines stripping immigrants of bond eligibility represent a troubling departure from decades of established practice.
In July, ICE revealed the updated policy, stating that individuals who enter the United States unlawfully would no longer have the opportunity to secure bond. This shift has prompted the filing of a class-action lawsuit led by immigration attorney Hans Meyer, who contends that the policy is unlawful.
“For 30 years, immigration law has allowed those who have been in the country for an extended period to be eligible for bond if apprehended by ICE,” Meyer explained. He characterized the new policy as a significant and unexplained reversal of established legal principles.
The lawsuit challenges not the legality of detaining immigrants but rather their right to seek bond, a crucial distinction. “Thousands of individuals in Colorado are impacted by this situation,” Meyer stated, emphasizing that the policy affects anyone who has lived in the state, regardless of how long ago they entered the country. He illustrated this point with the case of a person who entered the U.S. as a child and now faces detention, highlighting the longstanding implications of the new approach.
Among those directly affected is Nestor Mendoza Gutierrez, who has emerged as a prominent figure in this challenge. Gutierrez, who has spent nearly 27 years in the United States, is married, a parent, and a contributing member of his community. Meyer noted that Gutierrez’s situation reflects the experiences of many individuals detained under this new policy.
The outcome of the class-action lawsuit could be reached in a matter of weeks, according to Meyer. He described the lawsuit’s aim as addressing a singular legal question, thereby avoiding the need for countless individuals to file individual petitions for Habeas Corpus in federal courts. This collective legal approach seeks to streamline the judicial process for thousands impacted by the policy.
Inquiries directed to ICE regarding the recent policy change and potential overcrowding in detention centers resulted in a statement indicating that the agency does not comment on ongoing litigation.
This evolving legal battle is part of a broader discourse on immigration policies in the U.S., which continue to spur debate among various stakeholders.
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