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Birch v. Decker

Eleven Months of ICE Detention Under §1225(b)(1)(B)(ii) Without Bond Hearing Too Long

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OPINION & ORDER

*1 Neither the statutory scheme governing this immigration proceeding nor the Constitution permit what amounts to indefinite and potentially permanent detention of a person on U.S. soil without a bond hearing. Though it is true that no alien has a constitutional right to enter this country, it should also be obvious that the United States Government, whether ostensibly effecting removal or considering an application for asylum, cannot permanently detain anyone without justification. When someone is in a detention facility in our country — whether technically “admitted” or not — we have certain responsibilities. Such persons may have diminished constitutional rights, but even the most basic notions of fairness, justice, and liberty require a bond hearing after a prolonged period of detention. Eleven months of detention, as has occurred here without a bond hearing, is too long.*2

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