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The decision means that only the Department of Homeland Security will have the discretion to decide whether or not to release immigrants who have crossed the border illegally and then applied for asylum.
The ruling effectively blocks the concerted efforts of immigration lawyers and immigrant rights advocates to lobby for detained asylum seekers to be heard. Human rights advocates say that there is no reason for the United States to arrest people who are looking for security and who have already broken through barriers to prove that they are safe. they have a credible case.
While lawyers have argued that bail bonds for detained claimants are often prohibitive, a number of crowdfunding efforts over the last few months have been designed to help immigrants obtain money to pay bonds. and get out of their detention.
Asylum seekers who presented themselves at the legal entry points could not already be released on bail by the immigration courts.
On October 12, 2018, the Attorney General "ordered the Immigration Appeals Board to refer the MS-case for review", according to a Ministry of Justice fact sheet. .
Barr's decision could probably affect thousands of apprehended migrants at the border, many of whom are seeking asylum and could be deported more quickly.
"Essentially, if you pass the first asylum check, you can now be detained indefinitely," said immigration lawyer Eileen Blessinger, who described Barr's decision as "horrific news." ".
Omar Jadwat, director of the ACLU's Immigrant Rights Project, said the organization was considering challenging this decision.
"This is the latest assault by the Trump administration on people fleeing persecution and seeking refuge in the United States," Jadwat said in a statement. "Our Constitution does not allow the government to lock up asylum seekers without due process. We will see administration in the courts."
Barr's decision marks the first time that he is using his position to overrule decisions setting a precedent in an immigration court – a power available to the Attorney General of the United States, as the courts of the United States Are not independent and are part of the Department of Justice. His predecessor, former Attorney General Jeff Sessions, used this power to profoundly change immigration policies, including making it more difficult to secure an asylum application. for victims of domestic violence.
"This is an extension of Jeff Sessions' campaign to further strip immigration tribunals and immigration judges," said David Leopold, DHS lawyer. Watch and former president of the American Immigration Lawyers Association.
It's a "foolish decision" given the "already overburdened system," said Leopold, adding that the court appearance rate was "very high" for people who had established a credible fear of the persecution .
The decision takes effect in 90 days.
In March, there were about 92,000 arrests of undocumented migrants for illegal entry on the southern border, up from 37,390 in March, according to the customs and border protection bureau. Overall, in March, more than 103,000 people were apprehended along the border or at a point of entry and considered "inadmissible".
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