WASHINGTON: A wave of federal court rulings across the United States this week has ordered the release or bond hearings for at least 15 Indian nationals held in immigration detention, with judges finding that authorities violated constitutional due process protections by detaining migrants without giving them a proper hearing. The decisions, issued by courts in states including California, Colorado, Pennsylvania, Michigan, Kentucky, and New Jersey, largely involve Indian asylum seekers who had previously been released by immigration authorities but were later re-detained under a new government interpretation of immigration law that judges across the country are increasingly rejecting.
Of the cases reviewed by the courts, about 12 Indian migrants were ordered to be released immediately, while three others were granted bond hearings to determine whether their continued detention was justified. In multiple rulings, judges said immigration authorities improperly detained migrants under provisions meant for people “seeking admission” at the border, even though the detainees had already been living inside the United States for months or years. Federal courts held that such migrants should instead fall under a different section of immigration law that allows a bond hearing before an immigration judge to determine whether they pose a flight risk or danger to the community. Several courts ordered the migrants’ immediate release, noting that authorities had failed to demonstrate any criminal history or risk to public safety. (IANS)
Also Read: UK to add India to safe states list; no asylum rights for Indian illegal migrants