Attorney General William Barr just released a statement regarding the holding of migrants who had illegally crossed the border. The order, titled ‘Matter of M- S-,’ states migrants who are shifted from expedited removal to full removal proceedings “must be detained until his removal proceedings conclude, unless he is granted parole.”
Under this new order, migrants who fall under these guidelines will not be eligible for release on bond until after their court date and the proceedings are completed. DHS will be required to hold the migrants until their case is fully decided and they will have no ability to be released into the general public.
Expedited removal is when the migrant is detained upon entry and immediately scheduled for deportation without access to a judge. Full removal proceedings is when the migrant is allowed the opportunity to plead his case before an immigration judge. Detained migrants who were previously scheduled for immediate deportation, but were later given the chance to see a judge, will not be given the chance to be released on bond. Most asylum seekers are reported to enter through this channel because many lack proper documentation, so most asylum seekers will now be held under this new rule.
Migrants will now be held in detention centers until their court date, and with the massive uptick in border crossings and refusal by Congress to allocate more money towards solving this problem and speeding up the process, wait times for claim processing is sure to climb.
This order will go into effect in 90 days in order to give ICE and DHS enough time to properly prepare for the increase in detainees and to construct larger holding facilities.
According to NBC, “the attorney general has the right to overturn the decisions of immigration judges and establish sweeping new precedents,” making this a legal use of authority. The case came about after an immigration judge granted a $27,000 bond to a migrant late last year. This will not be applicable to minors because of a standing ruling, the Flores Agreement, which limits the time minors may be detained by DHS to 20 days.
Omar Jadwat of the ACLU told CNN that they plan on challenging this decision in court once it takes effect.
Categories: U.S. News