One of the bedrock principles of our judicial
system is that the government can’t just lock people up without showing why
it’s necessary.
For noncitizens caught up in Trump’s deportation
machine, though, that principle doesn’t always apply. But now because of our
litigation in New England that’s about to change.
Gilberto Pereira Brito was detained in March by ICE
– snatched from his wife and three children, all of whom are U.S. citizens – and
brought before an immigration judge for a bond hearing. To keep him in
detention, the government had to prove nothing, whereas Gilberto had to prove a
negative: that he shouldn’t be in
jail.
When someone is accused of a crime in the
criminal justice system, the government bears the burden of proof when arguing
that they should be jailed while they wait for trial. But for the last 20 years
in immigration court the process is flipped, with detention being the default
position that someone facing proceedings must argue their way out of. Tens of
thousands of people like Gilberto have thus been either locked up for months or
years, or forced to pay exorbitant bond fees to secure their release.
In June, the ACLU of Massachusetts and the ACLU
of New Hampshire filed a class action lawsuit on behalf of Gilberto against the
Department of Justice, arguing that forcing immigrants to bear the burden of
proof in this way is unconstitutional. On November 27, a federal judge ruled in
our favor, ordering the government to provide fair bond hearings for hundreds
of people currently detained by ICE in New England. The ruling will also affect
thousands more who are likely to be detained in the future by President Trump’s
deportation machine.
This victory represents the first time a judge
has granted this type of relief for an entire class of people.
Chief Judge Patti Saris ordered several crucial
remedies. First, the government must provide fair bond hearings for all future
detainees, at which it must prove that someone is either a flight risk or a
danger to society and that no conditions of release could mitigate any risk.
Second, the government must also allow everyone who is still in detention to
petition for new hearings. Finally, the government must take into account a
person’s ability to pay when setting bond above $1,500, and must consider alternatives
to detention, such as GPS monitoring.
At its core, this issue is about keeping
families together. Nobody should have to spend months locked away from their
loved ones, unable to provide for their partner and children or be near them
while they face the prospect of a life-changing deportation. We secured the
release of Gilberto and two other clients shortly after the case was filed. Now
he’s back where he belongs, and thanks to his bravery, hundreds of others will
soon have their fair shot at freedom as well.
Judge Saris’s ruling
is limited to New England, but it paves the way for similar challenges nationwide.
At a time when much of the immigration system is governed in secret by the
cruel whims of racist White House officials, it’s more important than ever to
hold agencies like DOJ, ICE, CBP and USCIS accountable for their unlawful
practices.
The Court’s decision takes effect on December
13, and we’re gearing up for the next phase of the fight. To ensure that people
in ICE detention get new, adequate bond hearings, civil rights lawyers are
preparing to file hundreds of individual habeaspetitions on behalf of those whose rights have been systematically
violated. It’s a monumental task, but when liberty is at stake, the ACLU
doesn’t blink.
This is how we dismantle the Trump
Administration’s unlawful deportation machine: step by step, piece by piece, to
build a better future for immigrants and their families.