Advocates for immigrants say they will quickly challenge his ruling, which is scheduled to take effect in 90 days.
The nation’s top prosecutor broadened the Trump administration’s authority to detain asylum seekers who cross the border illegally by single-handedly declaring Tuesday that they are not entitled to bond hearings.
The American Civil Liberties Union and other groups said they had expected the ruling — which comes days after a federal judge in Washington state ordered the administration to give detained asylum seekers bond hearings — and would swiftly challenge it in court. In his decision, Barr made clear that Homeland Security can still exercise its broad discretion to “parole” immigrants into the United States — which is likely to continue given the large numbers of families surrendering at the border. But lawyers said that hands the bond authority to the jailers — not the judges. Immigration arrest and court records are not public, so such decisions would not be subject to independent review.
The official said Barr’s decision states that immigrants subject to expedited removal — those caught sneaking across the border — are not eligible for a bond hearing under the Immigration and Nationality Act, even if they passed an initial asylum screening.
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