A federal judge in California ordered the Department of Homeland Security (DHS) to reverse the policy implemented in July by the Donald Trump Administration, which prohibited bail hearings for immigrants detained in the country.
The judicial decision could benefit thousands of people who remain in immigration custody in the well-known and controversial detention centers in the country. It does not imply their immediate release but rather the possibility of presenting their cases and being released on bail, provided they meet the requirements to benefit from the measure.
The judge Sunshine S. Sykes, from the Central District of California, determined that immigrants who were already residing in the United States prior to their detention have a legal right to request a bail hearing, as had been the practice for decades.
The ruling arises from a class action lawsuit challenging the legality of DHS policy, which the court deemed a violation of due process.
The measure implemented by the Trump administration had eliminated the possibility of hearings for all immigrants in detention, including those without criminal records or with ties to the country.
According to data from civil rights organizations, more than 65,000 people are currently in immigration detention centers, the majority for administrative violations such as remaining in the country without documents, which is not considered a crime under U.S. law.
DHS had defended the policy by arguing that allowing bail hearings created a "legal loophole" that complicated deportations.
However, with this ruling, the immigration judges across the country will need to resume case-by-case evaluations, determining whether detainees can be released on bail while their immigration processes continue.
The verdict marks a setback for the Trump Administration's strict immigration enforcement strategy and reinforces the procedural rights of immigrants within the U.S. judicial system.
The court order is applicable nationwide and will take effect immediately.
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