Tuesday, September 16, 2014

How ICE Justifies a 'No Bond' Policy for Refugee Kids

ICE believes that the women and children entering the United States from Central America should be held without bond. This article from LexisNexis provides links to the affidavits from DHS employees that are being used to bolster this position in court.

Phillip T. Miller, Assistant Director of ERO Field Operations for DHS states in his affidavit:

According to debriefings of Guatemalan, Honduran, and Salvadoran detainees, the high probability of a prompt release, coupled with the likelihood of low or no bond, is among the reasons they are coming to the United States. I have concluded that implementation of a "no bond" or "high bond" policy would significantly reduce the unlawful mass migration of Guatemalans, Hondurans, and Salvaordan[s].

Traci A. Lembke, Assistant Director of Investigative Programs for HSI similarly attests:

According to debriefings of detainees who have been part of the ongoing mass migration at the Southwest border, the high probability of a prompt release, coupled with the likelihood of low bond, is among the reasons they are coming to the United States.

It is clear that the affidavits are effective. AILA immigration attorney Dree Collopy reported about her representation of a client at a bond hearing at Artesia. The three-hour bond hearing for a Guatemalan  asylum seeker (in front of congressional staffers and DOJ representatives, no less!) resulted in a bond set at $15,000. As Dree states: that's a "pretty insurmountable challenge for her [client] at this point." And this despite the fact that Dree's client has a strong case and testified credibly, which the immigration judge noted on the record.

-KitJ

https://lawprofessors.typepad.com/immigration/2014/09/lexisnexis.html

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