Posted by 03 July 2019
A federal judge dealt the Trump Administration another setback in its quest to reshape the nation’s immigration policy. Judge Marsha J. Pechman issued a nationwide injunction stopping the administration’s plan to end bail hearings for some asylum seekers. The White House blasted the judge, saying she had no authority to do this.
Judge Pechman’s order affected a decision by Attorney General William Barr to end bail hearings for some people who have entered the U.S. seeking asylum. This order would have left these individuals in detention indefinitely, without any chance to request a hearing for release.
In the judge’s decision, she wrote “that plaintiffs have established a constitutionally protected interest in their liberty, a right to due process, which includes a hearing before a neutral decision maker to assess the necessity of their detention and a likelihood of success on the merits of that issue.”
She then ordered that these asylum seekers must either have a bond hearing within seven days of detention or be released.
In response, White House spokesperson Stephanie Grisham released a statement saying, “The decision only incentivizes smugglers and traffickers, which will lead to the further overwhelming of our immigration system by illegal aliens. No single district judge has legitimate authority to impose his or her open borders views on the country.”
This case is the latest in a series of decisions where federal judges have blocked or overturned aspects of the Trump Administration’s changes to immigration policy.
Do you think that asylum seekers should be able to be held without a bail hearing? Should a federal judge be able to block implementation of a policy nationwide?