Federal Appeals Court Upholds Block on Trump Policy That Arbitrarily Jails Asylum Seekers

SAN FRANCISCO — The U.S. Court of Appeals for the Ninth Circuit has upheld a ruling blocking a Trump administration policy that categorically denies bond hearings to asylum seekers. The case is Padilla v. ICE.

The American Civil Liberties Union, Northwest Immigrant Rights Project, and American Immigration Council challenged the policy, which targeted asylum seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled.

Many such people currently have the right to a bond hearing where an immigration judge will decide if they should be held or released from custody as their asylum case proceeds. A federal court blocked the policy in July, and the administration appealed.

The following reactions to today’s ruling are from:

Michael Tan, deputy director of the ACLU’s Immigrants’ Rights Project: “The courts again found that this policy unconstitutionally strips people of their right to a hearing. The Trump administration cannot bypass the Constitution by arbitrarily locking people up.”

Trina Realmuto, directing attorney of the American Immigration Council: “Try as it may, this administration cannot ignore the fact that the Constitution applies to class members. The court’s ruling protects them from being locked away without due process. It preserves the constitutional right to a bond hearing.”

Matt Adams, legal director of the Northwest Immigrant Rights Project: “The court’s decision upholds a fundamental right protecting people from arbitrary detention. In this case we are talking about people who are entitled to apply for asylum, who would otherwise be locked up for generally six months or longer when they do not present a flight risk or danger to the community.”

Ruling: https://www.aclu.org/legal-document/appeals-court-opinion-padilla-v-ice

Case details: https://www.aclu.org/cases/padilla-v-ice