Attorney General Barr rules illegal immigrants must be detained during deportation

Attorney General Barr rules illegal immigrants must be detained during deportation

Attorney General Barr rules illegal immigrants must be detained during deportation

The US Justice Department oversees the country's immigration court system, which means Mr Barr has the authority to issue precedent-setting judgments on immigration enforcement.

Formerly, according to the Department of Justice, asylum seekers who otherwise would have been subject to expedited removal would be be eligible for bond if they can prove that they have a "credible fear".

"We will see the administration in court on this latest unlawful & inhuman attempt to deter and punish asylum-seekers", Jadwat wrote.

"I reverse the order granting bond to the respondent", Barr wrote in his decision, stating that unless the Department of Homeland Security grants parole under a special exception, under the applicable legal provisions "he must be detained until his removal proceedings conclude".

Attorney General William Barr's written decision, a policy reversal, applies to migrants who have already established "a credible fear of persecution or torture" in their home country.

Mr Barr's ruling does not affect asylum seekers who cross as official ports of entry or migrant children, who are required to be released within 20 days of entry.

As part of the Trump administration's effort to slow migrants from crossing the southern border, Attorney General William Barr has ordered that some of those claiming asylum should be denied bail, meaning they could be stuck behind bars for years, rather than days.

The policy will be delayed for 90 days to allow officials to prepare for overcrowding in detention facilities.

But advocates criticized the policy change and said it would lock up people who are simply looking for safety.

"The number of asylum seekers who will remain in potentially indefinite detention pending disposition of their cases will be nearly entirely a question of DHS's detention capacity, and not whether the individual circumstances of individual cases warrant release or detention", Vladeck said.

DHS officials did not immediately respond to a request for comment on the decision.

He has implored Congress to change these laws and has made numerous attempts to stymie immigration, most notably separating children from their parents at the border previous year.

Families and unaccompanied migrant children are exempt from Tuesday's ruling. Barr says in similar cases bail can be withheld. "They want to send a message that you will get detained", Judy Rabinovitz, a deputy director of the Immigrants Rights' Project at the American Civil Liberties Union, told the New York Times.

Barr wrote that this new rule would not go into effect "for 90 days so that DHS may conduct the necessary operation planning" since it would require the department to house a "sizable population of aliens" who are now "eligible for bond".

A federal appeals court late last week lifted an injunction on the administration's relatively new "Migrant Protection Protocols", which will see some asylum seekers wait out their cases in Mexico instead of the U.S.

Barr's decision came after former attorney general Jeff Sessions chose to review the case in October.

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