In a ruling on Friday, Washington state District Judge Marsha Pechman sided with detained migrants against the Trump administration, demanding bond hearings must be granted.
Now, the Department of Homeland Security must prove detained individuals warrant detention, and could potentially be a serious danger to citizens if released from custody.
President Trump’s immigration policies have repeatedly been challenged in the US court system, leading to contentious battles between the Trump administration and the federal courts.
Pechman was appointed by Bill Clinton.
From The Hill:
A federal judge in Washington state ruled Friday that certain asylum seekers must be given a bond hearing before an immigration judge within seven days of requesting the hearing or be released.
District Judge Marsha Pechman wrote that the detention of asylum seekers for indefinite periods of time could cause irreparable harm.
She ordered the Department of Homeland Security (DHS) to be responsible for proving certain asylum seekers could pose a danger to the community if released, instead of putting the onus on asylum seekers to prove they are not dangerous.
The order stemmed from a lawsuit initially challenging the Trump administration’s separation of migrant families at the border — which has since been ended — under the “zero tolerance” policy implemented last year by former Attorney General Jeff Sessions.
The lawsuit has since been amended to allege that asylum seekers are being detained for weeks or months at a time.
DHS has disputed those allegations in court.
The ruling comes the same day that President Trump visited the southern border to view part of his border wall. He spoke out against current policies for those seeking asylum.