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Judges with the 5th Circuit Court of Appeals made a ruling on Friday, February 6, that confirms the legality of the current administration’s policy of jailing suspected illegal immigrants without offering a bond hearing.
This ruling is significant because the practice of detaining and jailing immigrants without bond has been very controversial and even called illegal. In clear contradiction to these theories, Edith H. Jones, one of the circuit judges on the case, outlined the correct interpretation of the Immigration and Nationality Act.
Under this law, “unadmitted aliens” that are taken into custody anywhere within the U.S. are clearly “ineligible for release on bond.” The law also specifically states that a bond will not be provided to these individuals, regardless of how long they’ve resided in the U.S.
One of the main reasons why this practice has become so controversial and confusing in recent years is that previous administrations set the legal precedent of allowing non-citizens with no criminal record to request a bond and hearing at immigration court. To help avoid jail overcrowding and other issues, many suspected non-citizens were granted bond when they were not deemed flight risks. While this practice has been in place for years, it was never a practice afforded under the law.
Jones, the circuit court judge, outlined in his decision that prior administrations simply used “less than their full enforcement authority under the law,” by allowing non-citizens to request bond, but they’ve always maintained the authority to deny it.
One dissenting judge, Dana M. Douglas, expressed her opposition to the ruling, saying that many of the individuals currently being detained and accused of non-citizenship include the spouses, mothers, fathers, and grandparents of American citizens. She also argued that the federal government was overriding the lawmaking process with new immigration detention policies, like denying bonds to accused non-citizens.
According to the Immigrant Legal Resource Center, every person in the United States has certain rights under the Constitution, regardless of immigration status. For instance, you always have the right to remain silent, and you always have the right to request a lawyer.
If you are a non-citizen who gets arrested, then consider asking for a bond hearing. If you are denied, then consider reaching out to an attorney. If you cannot afford an attorney, then you have the right to request a state-appointed attorney.
Have you recently been accused of committing a crime in Las Vegas or a nearby area? Are you concerned that your rights may have been violated during the arrest or while you were in prison? Here at LV Criminal Defense, our team of experienced and compassionate attorneys can help you advocate for yourself and determine your next steps towards securing your freedom.
Schedule a free, no-obligation phone call with our lawyers now by leaving your contact information on our online form.
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