Washington: Federal courts across the United States this week have ordered bond hearings or immediate release for several Indian nationals held in immigration detention.
The rulings came from district courts in California, Michigan, New York and Oklahoma. Judges said immigration authorities either applied the wrong detention law or failed to provide adequate due process.
In California, a federal judge in San Diego granted a habeas petition filed by Harbeet Singh. The court ordered an “individualised bond hearing” within seven days.
The judge wrote that prolonged detention without a bond hearing “has become unreasonable and violates due process”. The government must prove by “clear and convincing evidence” that he is a flight risk or danger to the community.
In Michigan, a federal judge in the Western District conditionally granted relief to Sagar Ram. The court ordered a bond hearing under section 1226(a) within five business days or immediate release. The judge rejected the government’s claim that mandatory detention applied.
In Oklahoma, a federal court reached a similar conclusion in the case of Karandeep Singh. The judge held that his detention is governed by section 1226(a), which allows bond, not by the mandatory detention provision in section 1225(b)(2). The court ordered a prompt bond hearing.
In New York, a federal judge in Brooklyn granted habeas relief to Harmanpreet Singh. The court ordered a new bond hearing. The government must show, by clear and convincing evidence, that he is a flight risk or danger. The judge said continued detention without proper safeguards violated the Fifth Amendment.
In another California case, a federal judge ordered the immediate release of Bhawandeep Singh Dhaliwal. The court said he “SHALL be released IMMEDIATELY from DHS custody.” The judge also barred authorities from re-arresting him without constitutionally adequate process.
In a separate San Diego case, the court ordered that Singh Vikrant “be released forthwith from immigration custody under the same terms and conditions as his previous release”.
Not all detainees won relief.
In Michigan, a federal judge denied a habeas petition filed by Gurpreet Walia Singh. The court found that he had already received a redetermination of custody. The judge ruled that his detention did not violate the law or the Constitution.
In Oklahoma, another federal court adopted a magistrate judge’s recommendation and denied a petition challenging the denial of bond.
The cases centre on which section of the Immigration and Nationality Act applies. Section 1225 requires mandatory detention for certain applicants for admission. Section 1226 allows the release of noncitizens already in the country on bond.
Federal courts in recent years have closely examined prolonged immigration detention. The Supreme Court has recognised that noncitizens in the US are entitled to due process protections. But disputes continue over how bond hearings must be conducted and who bears the burden of proof.
(IANS)
