Attorney General William Barr Orders Withholding of Bail From Asylum Seekers

According to reporting from The New York Times, President’s Trump new Attorney General William Barr has issued a new order that could result in the denial of bail to thousands of asylum seekers — just the latest in a long line of attacks on immigrant rights by the Trump Administration. In this article, our asylum attorney explains the implications of the draconian new policy announced by the Department of Justice (DOJ).

Understanding the Order: Four Things You Should Know

  • Bail Could Be Denied to Asylum Seekers Caught in the United States

Attorney General William Barr’s order will remove bail from asylum seekers that are caught inside of the United States, away from the border. This is a sharp break from how the system currently operates. In general, an undocumented immigrant detained in the interior of the country will be granted bail while they await their date in immigration court. However, the Trump Administration is now seeking to detain asylum seekers until their immigration case is fully resolved.

  • Thousands of Migrants Could Be Detained for Months, Even Years

This order will have serious ramifications for many asylum seekers. There are lengthy backlogs in our immigration courts. In many cases, it takes months or even years for an asylum case to be heard. The denial of bail means that a migrant could be detained for a very long time. Immigration rights groups believe that this order will impact thousands of people each year.

It should be noted that this order does not apply to families with young children. Under the terms of the Flores Settlement, children cannot be held in immigration detention for longer than 20 days. According to the DOJ, Attorney General Barr’s order will not apply to these children or to their parents — preventing another round of family separation. Though, the administration’s actions must be watched closely.

  • This DOJ Order Is Scheduled to Go Into Effect in 90 Days

In announcing the policy, William Barr stayed his own order for 90 days. The stated purpose of this delay is to allow the DOJ and the DHS time to find a way to effectively implement the new policy. As of now, the order is set to go into effect in the middle of July.

  • Immigration Rights Activists are Challenging the Policy in Federal Court

In response to the proposed order from the Department of Justice, immigration rights advocates immediately announced their intention to file a lawsuit in federal court. Most notably, the American Civil Liberties Union (ACLU) declared that the U.S. Constitution prohibits the government from locking up “asylum seekers without basic due process.” Our law firm will closely monitor any new developments on this issue.

Speak to a Immigration Lawyer Now

At the Goldstein Immigration Lawyers, we are committed to providing exceptional legal services to immigrants throughout Southern California. Our legal team has extensive experience handling the full range of asylum cases. To arrange an immediate consultation with an immigration lawyer, please contact our Los Angeles law office right away.