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Rivera v. Holder

Last Update: January 26, 2015

What's at Stake

Rivera v. Holder is a class action lawsuit filed in Washington State challenging the immigration courts’ policy of refusing to release immigrants from detention unless they post a minimum $1,500 bond. The result of this policy is that indigent and low-income immigrants stay locked-up—at taxpayer expense—even when they pose no danger to anyone, and can be effectively supervised in the community.

After Rivera was filed, the government certified a case to the Board of Immigration Appeals (BIA)—which sets immigration policy nationwide—to clarify immigration judges’ authority to grant release on conditions of supervision, without a money bond. The Department of Homeland Security has since filed a brief with the BIA in a related case taking the position that the immigration courts do have authority to grant such release.

Counsel for plaintiffs include the ÀÏ°ÄÃÅ¿ª½±½á¹û Immigrants’ Rights Project, ÀÏ°ÄÃÅ¿ª½±½á¹û of Washington, and Northwest Immigrant Rights Project.

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