On Dec. 19, a federal court has once again ruled that the Trump administration is breaking the law – this time by denying people the opportunity to challenge their ongoing ICE detention. People going through civil immigration proceedings have the right to a bond hearing to seek freedom and remain connected to their families, communities, and jobs.
In September, we joined the ACLU of Massachusetts and other partners in a class action lawsuit challenging the widespread denial of bond hearings for people detained by ICE. Today, a federal district court in Massachusetts ruled in our clients' favor, restoring the right to bond hearings throughout New England.
The case, Guerrero Orellana v. Hyde, et. al., originated when Jose Arnulfo Guerrero Orellana was detained by ICE after living in the United States for over a decade. He brought the case to assert his right to a bond hearing, which would allow an immigration judge to determine whether his continued detention is justified. The case was later certified as a class action on behalf of thousands of other people arrested and detained across New England, including in Maine.
The Trump administration's policy of denying bond hearings for immigrants upended decades of established immigration procedure and defied the plain language of federal law. This practice is both unlawful and cruel, stripping people of the chance to seek their freedom while indefinitely separating them from their loved ones.
The court's order today is clear: no administration is above the law. The government cannot arrest and detain people indefinitely without providing them with a hearing before a judge.
We are grateful that the court has restored these fundamental rights to thousands of people across New England.
You can see the court's order and read more about the case here.
