Attorney General Bill Barr ruled on April 17 that asylum seekers who present at the border and establish a "credible fear of prosecution or torture" are ineligible for release on bond once they are transferred from expedited removal proceedings to full deportation proceedings. The Department of Homeland Security may still choose to release asylum seekers, but cannot be compelled by immigration judges to do so.
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On Monday, Judge Richard Seeborg of the U.S. District Court for the Northern District of California granted a preliminary injuction of the Trump administration's Migrant Protection Protocols requiring non-Mexican migrants seeking asylum in the U.S. to be deported to Mexico while their request is processed. The injuction, issued in Innovation Law Lab et al, v. Nielsen, is scheduled to take effect on Friday, Apr. 12. The order is available in full here and below.
Judge John Tigar’s decision echoes his previous emphasis, and that of the U.S. Court of Appeals for the Ninth Circuit, on the plain language of the Immigration and Nationality Act.