On the eve of Thanksgiving, federal judge gave ICE a setback

On the eve of Thanksgiving, a federal judge gave ICE a setback and ruled last Wednesday that it is unconstitutional for Immigration and Customs Service agents to consider the violations of undocumented immigrants to Immigration Laws as sufficient evidence for them to be Deny a bond that allows them to continue their deportation process in freedom or under circumstances other than detention in detention centers.

The decision of the judge of the United States District Court based in Boston, Patti Saris, determines a radical change in the way bail hearings are administered in the Boston immigration court, but for being a judge federal, its decision applies throughout the country.

In accordance to the information portal of the WBUR 90.9 radio station in Bostonsaris ruled that asking an undocumented immigrant eligible for bail to prove that he has no intention of escape or why he does not pose a threat to American society violates his right to due process.

Prove that the undocumented person is a criminal, regardless of the fact that he violated the Immigration laws, is an exclusive function of the agents or federal Immigration officials, as happens in the bail hearings in the criminal courts with whom they declare guilty of a crime.

In sum, it is the government's obligation to prove that an individual is guilty as the proverb dictates: "Everyone is innocent until proven otherwise."

This instruction that imposes a new judicial procedure will come into force next December 13.

In its ruling, the judge also ordered that Immigration judges in Boston consider the individual's ability to pay when establishing a bail amount exceeding one thousand 500 dollars.

Likewise, he ordered Immigration judges to consider alternative conditions to detention in ICE detention centers, such as the placement of geo-positioners (GPS) in the processing or the implementation of supervision orders that require the accused to constantly appear before the offices of the Immigration and Customs Control Service to know its location and ensure that it does not flee.

Judge Patti Saris's decision derives from a lawsuit filed by the American Civil Liberties Union (ACLU) based in Massachusetts.

This organization filed the class action lawsuit in June, arguing that the government has a Constitutional obligation to demonstrate why a person must be deprived of their liberty, whatever their process: criminal or immigration.

Federal judge Saris agreed with that argument.

With its lawsuit, the ACLU estimated that hundreds of immigrants detained in New England could be affected by the ruling and, for some, the decision would lead to new bail hearings.

- Federal judge in Boston reverses ICE and dictates new procedure to set bails for undocumented immigrants under deportation proceedings

- Now federal agents must prove why an undocumented person cannot access bail to continue his deportation process in freedom

- This procedure will take effect on December 13