whoa infuriating and scary. not an attorney but do not need to be to know how bad this is. i really appreciate your keeping us updated. i had seen a Wash Post alert but had not read it. looks like we should share this post and the article everywhere we can. i'll post a gift link to article.
What are they doing? Gosh! It never ends. Thanks for sharing this. Please continue updating us as you come up with strategy. Will share anything I figure out.
Thanks Matt for the heads up. I have my first ever bond hearing (Elizabeth, NJ for PA detainee) on Tuesday. Looks like I need to learn a whole new script.
good luck! We're hearing different results from different judges around the country and I would hope that you would have a better chance in NJ in TX than I did in TX. But if things go the way I am very concerned they will with all of this post-CASA I don't think bond is going to be a viable option in the parts of the country where the most people are detained
NJ (Elizabeth & Newark) seems to be caving. I only heard of one IJ so far who has pushed back. We'll see how long he lasts (hopefully past Tuesday, because he's my IJ!).
Oh, and here's an interesting take -- this IJ was reportedly on board with DHS on Tuesday, but by today he'd done some thinking! ... IJ Bailey asked the ACC why would congress pass laws such as Laken-Riley that carves out a specific group of EWI’s for mandatory detention, when they could have said all EWI’s are mandatory detention, and why would the BIA do the same with Matter of Q-Li.
ACC did not have a response and Bailey said he has jurisdiction and granted bond for $4500, and Government reserved appeal.
Nice! I have been making exactly the same point about laken riley--even beyond the obvious text of the law it says a lot about congress's original intent (which i really never would have thought was in question on this point) that they wrote it the way they did. We just have to keep pushing this forward and seeing which judges we can count on to follow the law as written
Hey! Update from today: DHS tried to disqualify my utterly EWI (no immigration contact) client, I pushed back with the above argument about Congress's intent, IJ agreed with me and set a $7000 bond. DHS reserved appeal, tho, so I don't know what's going to happen tomorrow...
great! I've been hearing more and more about good IJs doing the right thing on this. I wouldn't assume they will *not* file notice of appeal but fingers crossed for you and your client
Sadly we do this in Australia right now and have done for years. It's disgusting. All immigrants who arrive undocumented, whether they're asylum seekers or not, are immediately put into detention. Mostly here, the detention is offshore. Our system is horribe. Both major parties here support it. Sadly I think Trump got the idea from us. It's shameful.
I'm doing some data analysis on DHS data and found that according to TRAC, the number of bond hearings for June of 2025 was the highest it's been since 2000, by a considerable margin: https://tracreports.org/phptools/immigration/bond/
I don't know how to interpret that, though, unless Stephen Miller saw those stats and had a catastrophic meltdown at Todd Lyons, "inspiring" Lyons to write that memo....which doesn't actually seem like that much of a stretch at this point.
whoa infuriating and scary. not an attorney but do not need to be to know how bad this is. i really appreciate your keeping us updated. i had seen a Wash Post alert but had not read it. looks like we should share this post and the article everywhere we can. i'll post a gift link to article.
edit to add wash post article - gift link: https://wapo.st/4lw55xK
and i hope the walk outside helps
Thank you for breaking this down for us. It's hard to know what's important and what's not and your insights are really valuable.
Thank you for this absolutely alarming and enraging update. Solidarity and we WILL wage a unified response!
What are they doing? Gosh! It never ends. Thanks for sharing this. Please continue updating us as you come up with strategy. Will share anything I figure out.
Thanks Matt for the heads up. I have my first ever bond hearing (Elizabeth, NJ for PA detainee) on Tuesday. Looks like I need to learn a whole new script.
good luck! We're hearing different results from different judges around the country and I would hope that you would have a better chance in NJ in TX than I did in TX. But if things go the way I am very concerned they will with all of this post-CASA I don't think bond is going to be a viable option in the parts of the country where the most people are detained
NJ (Elizabeth & Newark) seems to be caving. I only heard of one IJ so far who has pushed back. We'll see how long he lasts (hopefully past Tuesday, because he's my IJ!).
Oh, and here's an interesting take -- this IJ was reportedly on board with DHS on Tuesday, but by today he'd done some thinking! ... IJ Bailey asked the ACC why would congress pass laws such as Laken-Riley that carves out a specific group of EWI’s for mandatory detention, when they could have said all EWI’s are mandatory detention, and why would the BIA do the same with Matter of Q-Li.
ACC did not have a response and Bailey said he has jurisdiction and granted bond for $4500, and Government reserved appeal.
Nice! I have been making exactly the same point about laken riley--even beyond the obvious text of the law it says a lot about congress's original intent (which i really never would have thought was in question on this point) that they wrote it the way they did. We just have to keep pushing this forward and seeing which judges we can count on to follow the law as written
Hey! Update from today: DHS tried to disqualify my utterly EWI (no immigration contact) client, I pushed back with the above argument about Congress's intent, IJ agreed with me and set a $7000 bond. DHS reserved appeal, tho, so I don't know what's going to happen tomorrow...
great! I've been hearing more and more about good IJs doing the right thing on this. I wouldn't assume they will *not* file notice of appeal but fingers crossed for you and your client
Due process really is the whole ball game, isn't it.
Also, asking the Judge for written findings is some 👑 shit
Sadly we do this in Australia right now and have done for years. It's disgusting. All immigrants who arrive undocumented, whether they're asylum seekers or not, are immediately put into detention. Mostly here, the detention is offshore. Our system is horribe. Both major parties here support it. Sadly I think Trump got the idea from us. It's shameful.
i mean at least presumably at some point a law was actually passed which made things that way. We just kind of... did It apparently
First they came for the migrants...
I'm doing some data analysis on DHS data and found that according to TRAC, the number of bond hearings for June of 2025 was the highest it's been since 2000, by a considerable margin: https://tracreports.org/phptools/immigration/bond/
I don't know how to interpret that, though, unless Stephen Miller saw those stats and had a catastrophic meltdown at Todd Lyons, "inspiring" Lyons to write that memo....which doesn't actually seem like that much of a stretch at this point.
Hey Matt, would there be any benefit in submitting a FOIA request for that “secret memo”? Or should I just let the ACLU take care of that?
I just wanted to give a vote in favor of the long words. I appreciate the information