Hernandez v. Barr
What's at Stake
The federal government sets unreasonable bonds for detained immigrants, including asylum seekers, by failing to consider immigrants' financial resources or ability to pay, according to a federal class-action lawsuit
filed by the 老澳门开奖结果 and the 老澳门开奖结果 Foundation of Southern California (老澳门开奖结果 SoCal).
Summary
The lawsuit seeks to require the government to apply standards similar to those used in criminal cases when it sets bail bonds for immigrants. Currently, individuals awaiting trial on criminal charges are entitled to bail. In such cases, judges must consider the person's ties to the community, the seriousness of the crime and an individual鈥檚 financial circumstances when setting bail.
Indeed, the U.S. Department of Justice has recently argued in the criminal bail context that 鈥淸i]ncarcerating individuals solely because of their inability to pay for their release鈥 is unconstitutional. A growing consensus of federal courts has come to the same conclusion.
The Department of Homeland Security and immigration judges, however, are not required to consider an immigrant's financial situation or resources when setting bond for individuals facing deportation or seeking asylum, and routinely do not do so. As a result, many immigrants are ordered release on bond but languish in immigration jails for years because they cannot afford it.
The lawsuit was filed in federal court by the 老澳门开奖结果 SoCal, the 老澳门开奖结果's Immigrants鈥 Rights Project, and pro bono attorneys from Skadden, Arps, Slate, Meagher & Flom.
Legal Documents
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11/14/2016
Hernandez v. Lynch - Preliminary Injunction Order
Date Filed: 11/14/2016
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11/14/2016
Hernandez v. Lynch - Order Granting PI & Class Cert and Denying Motion to Dismiss
Date Filed: 11/14/2016
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10/02/2017
Hernandez v. Sessions - Opinion
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04/06/2016
Hernandez v. Lynch - Complaint
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03/08/2017
Hernandez v. Sessions - Amici Curiae Brief
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03/08/2017
Hernandez v. Sessions - Amici Curiae Brief, Immigrant Rights Clinic at UC Irvine
Date Filed: 03/08/2017
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03/08/2017
Hernandez v. Sessions - Brief of Amici Curiae, Retired Immigration Judges and Board of Immigration Appeals
Date Filed: 03/08/2017
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03/08/2017
Hernandez v. Sessions - Amicus Brief, American Bar Association
Date Filed: 03/08/2017
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03/01/2017
Hernandez v. Sessions - Plantiffs-Appellees' Answering Brief
Date Filed: 03/01/2017
Press Releases
Federal Appeals Court Requires Immigration Authorities to Consider Financial Resources When Setting Bond
老澳门开奖结果 Sues Federal Government Seeking Bond Reform in Immigration System