ACLU sues on behalf of detained immigrants denied bond hearings

The American Civil Liberties Union (ACLU) has recently filed a federal class-action lawsuit on behalf of detained immigrants who have been denied bond hearings by Immigration and Customs Enforcement (ICE) agents. The lawsuit alleges that ICE agents have been disregarding federal immigration law by misclassifying immigrants and placing them in mandatory detention without granting them bond hearings. This unlawful practice goes against the due process rights of immigrants and could potentially impact thousands of individuals in Massachusetts.

The ACLU of Massachusetts, along with the ACLU in New Hampshire and Maine, the ACLU’s Immigrants’ Rights Project, Harvard’s Immigration and Refugee Clinical Program, and two Boston-based law firms, have jointly filed the civil suit. The goal of the lawsuit is to challenge the Trump administration’s arbitrary detainment of individuals without providing them with a fair hearing.

One of the individuals named in the lawsuit is Jose Arnulfo Guerrero Orellana, an immigrant who has lived in the United States for over a decade. Orellana was arrested during a traffic stop in Massachusetts on September 18 and has been detained without a bond hearing since then. Despite having no criminal record and not being the target of the traffic stop, Orellana remains in detention.

The complaint states that immigrants detained for civil immigration violations are entitled to bond hearings under immigration law established in 1996. However, an internal ICE memo issued on July 8 declared millions of undocumented immigrants ineligible for bond hearings, leading to prolonged detention for many individuals. Additionally, a decision by the Board of Immigration Appeals on September 5 further restricted the rights of detained immigrants.

The ACLU is advocating for the right to due process for all individuals in the United States, regardless of their immigration status. They believe that the government should be required to justify a person’s detention before a judge and that individuals should have the opportunity to challenge their detention through a bond hearing. Failure to provide these rights undermines the principles of due process and places vulnerable individuals at risk of indefinite detention.

Immigration lawyers and advocates involved in the lawsuit emphasize the importance of upholding the rights of immigrants and ensuring that they receive fair treatment under the law. The ACLU’s efforts to challenge unlawful detention practices and secure bond hearings for detained immigrants reflect their commitment to defending civil liberties and promoting justice for all individuals in the United States.