"The unexpected gravitas occurred in one of the thousands of habeas cases currently swamping trial courts. The Department of Homeland Security recently discovered that 8 USC § 1225(b)(1)(B)(iii)(IV) requires mandatory detention of asylum seekers, including those who were released in the country decades ago and given work permits. Hundreds of judges across the country - but not the Fifth Circuit! - have scoffed at this discovery and ordered DHS to either grant immigrants a bond hearing or release them."
"But DHS just ... keeps doing it, forcing immigrants to race to file individual habeas claims before being disappeared to a gulag in Texas. Virtually every district court in the country is straining under the weight of dozens or hundreds of virtually identical habeas petitions which require immediate judicial attention. The problem is exacerbated by DHS's total lack of interest in complying with court orders."
A Department of Justice prosecutor in New Jersey returned to ordinary prosecutorial practice after a year of open defiance by acting U.S. Attorney Alina Habba and Attorney General Pam Bondi, who publicly attacked judges. The situation coincides with thousands of habeas petitions challenging DHS's view that 8 USC §1225(b)(1)(B)(iii)(IV) mandates detention of asylum seekers, including long-released migrants with work permits. Many district judges rejected that interpretation and ordered bond hearings or release, but DHS repeatedly failed to comply, forcing immigrants to file individual habeas claims and overwhelming courts; Minnesota's Chief Judge Schiltz documented numerous violated orders.
Read at Above the Law
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