U.S. Blocked on Plan to Deny Bail to Jailed Asylum Seekers

(Bloomberg) -- A federal judge blocked the Trump administration's plan to jail immigrants seeking asylum and deny them bail if they crossed the U.S. border without permission.

The ruling Tuesday in a class-action lawsuit brought by asylum applicants and their advocates is the latest in a string of court defeats for the President Donald Trump's effort to prevent migrants along the southern border from reaching American towns and cities. Apprehensions of prospective asylum seekers have more than doubled in the last year, according to U.S. Customs and Border Protection.

“It is the finding of this court that it is unconstitutional to deny these class members a bond hearing while they await a final determination of their asylum request,” U.S. District Judge Marsha J. Pechman in Seattle wrote.

The order requires immigration judges to conduct hearings for asylum applicants to ask for release on bail within seven days of a request if they have shown a “credible fear” of returning to their country of origin.

The judge said immigration authorities must demonstrate in these hearings why applicants aren't being released. The proceedings must be recorded and a written transcript must be made available, according to the ruling.

A group of asylum seekers won an earlier injunction from Pechman in April requiring the government to offer bail hearings. That month, U.S. Attorney General William Barr formally prevented asylum seekers from requesting bail hearings. Tuesday's ruling specifically addresses and prohibits Barr's policy, which was set to be enforced July 15.

“The district court's injunction is at war with the rule of law,” the White House said in a statement. “The decision only incentivizes smugglers and traffickers, which will lead to the further overwhelming of our immigration system by illegal aliens. No single district judge has legitimate authority to impose his or her open borders views on the country.”

The U.S. Supreme Court has ruled that people held in immigration detention aren't entitled to periodic hearings to decide if they may be released on bond.

To contact the reporter on this story: Kartikay Mehrotra in San Francisco at kmehrotra2@bloomberg.net

To contact the editors responsible for this story: David Glovin at dglovin@bloomberg.net, Peter Blumberg, Peter Jeffrey

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