Migrants who are in custody after seeking asylum in the United States have the right to seek bail according to a federal judge. The ruling goes against an order from Attorney General William Barr to not grant bail for asylum seekers even after they have passed a credible fear review. The judge ruled that the directive violated the Constitution as it deprived those individuals of their right to due process.
The judge further ordered that those who request a hearing must get one within seven days. If a hearing is not scheduled within seven days, the detainee must be released. A variety of immigrant rights groups had taken legal action to defend what some claimed to be already settled law. However, a statement from the White House press secretary's office was critical of the ruling.
It said that the injunction was improper and that it provided incentive for smugglers and traffickers to send more people across the border. It also argued that the judge did not have the authority to impose such an injunction in the first place. The Department of Justice is expected to appeal the decision. There are currently 892,517 cases that are pending in front of 424 judges throughout the country. In New York City, cases are being scheduled as far out as 2023.
Those who have a fear of persecution at home generally have the right to ask for asylum in the United States. Furthermore, they generally have the right to seek their freedom until a decision has been made. This is true regardless of a person's status in the country. An attorney may be able to help a person understand and protect his or her rights from the time a claim is made through the day a hearing occurs.