Rather than allow Homeland Security the time need to process a migrant back out of the country a judge ruled to grant illegal immigrants parol. His argument is that holding them indefinitely is against the Constitution.
According to Fox News, A federal judge in Washington, D.C. ruled Monday that the federal government must consider on a case-by-case basis whether asylum-seekers who have been detained represent a flight risk or credible danger to the public.
The ruling by U.S. District Court Judge James Boasberg blocks the Trump administration from keeping asylum-seekers in custody until their immigration proceedings are dealt with.
“This ruling means the Trump administration cannot use indefinite detention as a weapon to punish and deter asylum seekers,” Michael Tan, a senior staff attorney with the American Civil Liberties Union’s Immigrants’ Rights Project.
The order stems from a class-action lawsuit the American Civil Liberties Union (ACLU) filed on behalf of asylum seekers who have been denied parole even though Immigration and Customs Enforcement (ICE) officials found they had a credible claim of persecution in their home countries, which is the first step toward gaining asylum status.
The ACLU argued that DHS violated its own parole directive, immigration law, and the Constitution in an effort to deter other asylum seekers from coming to the country.
In his ruling, Boasberg said he was ordering DHS to follow a policy the government admitted it was required to follow.
“To mandate that ICE provide these baseline procedures to those entering our country — individuals who have often fled violence and persecution to seek safety on our shores — is no great judicial leap,” he said. “Rather, the issuance of injunctive relief, in this case, serves only to hold defendants accountable to their own governing policies and to ensure that plaintiffs receive the protections they are due under the Parole Directive.”
DHS stated that they do not comment on ongoing cases and the Department of Justice also declined to comment.