Why the U.S. Attorney General Wants to Withhold Bail to Asylum Seekers

At Cohen Forman Barone P.C our team of experienced legal advocates is dedicated to protecting the rights of our clients in all of their immigration matters. Additionally, we like to keep the community updated on important news regarding immigration policies in the United States. 

Recently, the Trump administration issued a new order that seeks to jail thousands of immigrants seeking asylum while they wait out the request process. Pundits say Attorney General William P. Barr issued the order in an attempt to bring attention back to Trump’s campaign promise to end “the catch and release” of migrants who come to the border to legally seek asylum.

The new order directed towards immigration judges tells them to deny certain migrants a chance to post bail. While the order won’t go into effect for 90 days, it is expected to be challenged in federal court. According to immigration attorneys, the order would undermine basic rights of asylum seekers.

Judy Rabinovitz, a deputy director of the Immigrants Rights’ Project at the American Civil Liberties Union said, “They want to send a message that you will get detained. We are talking about people who are fleeing for their lives, seeking safety. And our response is just lock them up.”

In addition to the latest order, the Trump administration has also slowed the processing of asylum requests at ports of entry and issued an order that forced some asylum seekers to remain in Mexico. Each one of these policies was enacted to reduce the number of immigrants attempting to seek legal status from countries plagued with violence, poverty, and gangs.

In the order, Barr wrote that after an immigrant establishes “a credible fear of persecution or torture,” they are “ineligible for release on bond.” While migrants seeking asylum can still ask the Department of Homeland Security to be released under a grant of parole, the decision is ultimately left to the department, which has substantially cut back on these types of releases.

Do you have a loved one who was detained after seeking asylum at the border? Have they been denied bail while they wait for their request to be processed? Call our legal team at (212) 577-9314 to get the assistance you need to protect your loved one’s rights. Schedule your consultation today.

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