Barr rules that asylum-seekers must be detained during deportation proceedings

Attorney General William BarrWilliam Pelham BarrFormer prosecutors outraged at decision to dismiss the Flynn case should focus on the real problems The Hill's Morning Report - Presented by Facebook - George Floyd's death sparks protests, National Guard activation More than two dozen former prosecutors, judges, active trial lawyers support DOJ decision to dismiss Michael Flynn case MORE said in a new order issued Tuesday that asylum-seekers who are able to demonstrate a "credible fear" and are then sent to full deportation proceedings are not eligible to be released on bond.

The order, which will go into effect in 90 days, states that a previous decision allowing for asylum-seekers to be released on bond while their case is being heard by an immigration judge was incorrect. Only the Department of Homeland Security has the authority to release the asylum-seekers, he wrote.

“I conclude that such aliens remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States,” Barr wrote.


Barr is overturning a 2005 Board of Immigration Appeals ruling that determined asylum-seekers are eligible for bond if they are able to exhibit they have credible fear of persecution or danger if they leave the U.S.

But the attorney general argues that, under the Immigration and Nationality Act, the administration is permitted to detain all undocumented immigrants who were initially placed in expedited removal proceedings but then passed the credible fear test and were transferred to a full hearing before an immigration judge.

He also pointed to a 2018 Supreme Court ruling that found that the law did not place limits on how long an immigrant can be detained.

Some asylum-seekers are exempted from this rule, including families and unaccompanied migrant children.

Barr’s directive comes shortly after a federal judge in Washington state ruled that certain asylum-seekers who request a hearing before an immigration judge must be granted that hearing within seven days or be released.

And the rule comes amid a legal battle on the Trump administration's policy requiring that asylum-seekers remain in Mexico while their cases are under consideration.

A federal judge last week issued an injunction against the policy, but the 9th Circuit Court of Appeals issued a stay for that order as it considers the administration's appeal.

President TrumpDonald John TrumpMinneapolis erupts for third night, as protests spread, Trump vows retaliation Stocks open mixed ahead of Trump briefing on China The island that can save America MORE has also recently spoken out against policies for asylum-seekers.

"I’m sorry. We’re full," he said of his response to both asylum-seekers and undocumented immigrants seeking to stay in the U.S. during a trip to the southern border earlier this month.