The Trump administration reversed decades of immigration policy last summer when it determined that Immigration and Customs Enforcement (ICE) must lock up everyone facing deportation, even if they’ve lived in the country for decades and have no criminal record.
But on Tuesday, a federal court in Nevada ruled against the policy, saying it violates federal law and causes “irreparable harm” to those who are arrested. The decision issued by U.S. District Judge Richard Boulware II is the first time a class-action lawsuit in Nevada has overturned a Department of Homeland Security policy.
According to the ACLU of Nevada, this ruling could allow hundreds to seek release each week, benefiting potentially thousands of detainees statewide.
The ruling comes amidst growing advocacy against enhancing ICE's powers and indicates a victory for immigration advocates in Nevada. Arrests linked to deportation have surged under the Trump administration, often targeting individuals without violence in their records.
“The decision is enormously consequential,” stated Athar Haseebullah, executive director of the ACLU of Nevada, expressing hope that families can be reunited as a result of the ruling.
Michael Kagan from the UNLV Immigration Clinic noted that since the ruling, bonds have been granted where they were previously denied, significantly changing the lives of individuals awaiting their cases.
The court's ruling presents a challenge to the Trump administration’s detention policy known as “mandatory detention,” which limits individuals' abilities to contest their detainment.
It requires the government to inform detainees of their new rights and provide necessary notices in detention facilities. The case initiated by the ACLU and UNLV Clinic was rooted in the experiences of individuals denied bond despite their clear status and lack of criminal background.
With this ruling, individuals without lawful status or in removal proceedings can now seek relief that had previously been denied under the controversial policies.
