Federal courts in Arizona and nationwide are flooded with habeas corpus petitions from immigrants alleging they’re being wrongfully detained.
The big picture: The Trump administration last July implemented a policy barring immigration judges from granting bail to people in ICE custody who entered the country illegally.
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Immigrants could spend several months in detention while challenging deportations — sometimes in notorious facilities like “Alligator Alcatraz” or the detention center in Dilley, Texas — or longer if they lose and appeal, according to an Arizona immigration attorney who asked not to be named due to retaliation concerns.
Legal fees range from $3,000 to $15,000, Tucson immigration attorney Mo Goldman told Axios.
“The idea behind all this is trying to just get people to be deported, leave,” he said.
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Between the lines: Eleven U.S. District Court judges in Arizona have issued rulings granting habeas requests — though one rejected a petition in a separate case — per an analysis by Politico.
As of mid-February, federal courts had ruled more than 4,400 times that ICE had jailed people illegally, Reuters reported.
Only 33 of 430 judges cited by Politico rejected habeas petitions.
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The intrigue: A federal judge in California overturned the detention policy in December, and last month issued a scathing order castigating the administration for refusing to comply.
Judge Sunshine Sykes wrote that the administration had “far crossed the boundaries of constitutional conduct.”
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Yes, but: The U.S. 5th Circuit Court of Appeals, which covers Texas, Louisiana and Mississippi, ruled in favor of the policy. DOJ appealed Sykes’ ruling to the 9th Circuit, which includes California and Arizona.
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The bottom line: The policy appears likely to go to the U.S. Supreme Court.
The post Immigrants Rely on Habeas Petitions to Fight Trump’s Mandatory Detentions appeared first on American Renaissance.
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