A federal judge in Seattle has ordered the Department of Justice to release illegal immigrants detained for failing to post a required bond. The decision could impact tens of thousands of detainees nationwide.

U.S. District Judge Robert Lasnik issued the order Monday, citing a law he argued should overrule a conflicting DOJ policy requiring a $1,500 bond for illegal immigrants awaiting hearing regardless of their flight risk. Lasnik’s ruling confirms a class action lawsuit filed by the ACLU of Washington and the Northwest Immigrants Rights Project (NIRP).

Though immigrants can currently be granted conditional parole if they are deemed to pose no risk of flight, immigration rights activists say parole is granted too seldom. NIRP legal director Matt Adams argued in the suit that it is unfair for immigrants to be “locked up” during immigration proceedings simply because they do not have enough money.

“The result of this policy is that Immigration Judges require individuals such as Ms. Rivera [the plaintiff in the lawsuit] to post bond even after determining that neither danger nor flight risk require their detention,” the lawsuit argues. “Thus, indigent or low-income individuals like Ms. Rivera … routinely suffer continued and unnecessary detention, of, if it is even possible, are forced to strain personal, family and community resources in order to gain their release.”

Though Lasnik’s order would only impact around 500 people in western Washington, the national implications are massive, potentially leading to the release of tens of thousands of detainees.

DOJ spokeswoman Nicole Navas said the department was currently “reviewing the judge’s order.” The government has thus far fought the lawsuit, arguing that the case is moot because Rivera has already been released and urging Lasnik to let the process play out as the Board of Immigration Appeals addresses a similar case.

Lasnik, however, did not heed the department’s request, ruling Monday in Rivera’s favor, arguing that government attorneys are incorrect in arguing that immigration judges have no right to “misinterpret” the law.

“While an [Immigration Judge’s] discretionary judgment in how it applies the statute is not subject to review, this Court has found no authority supporting the notion that [an immigration judge] has the discretion to misinterpret the statute under which he operates,” wrote Lasnik.

http://www.truthrevolt.org/news/federal-judge-orders-doj-release-illegals-without-bond