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Mark Reid, a Jamaica-born U.S. resident, brought the class action on behalf of immigrants detained for longer than six months without a bond hearing after he was detained in Massachusetts for more than a year while ICE tried to deport him for non-violent drug convictions. Reid was released earlier this year after he was granted a bond hearing, and continues to fight to stay in the U.S.
" "First, there can be no doubt that members of the class are suffering irreparable harm each day they are detained beyond six months without the opportunity to argue for release," Ponsor found.
"Such detention is an emotional and physical ordeal for class members and is particularly severe for those who have colorable claims for release on bail during the pendency of their removal proceedings," he wrote.
Source: Courthouse News
Ponsor ordered the government to provide timely bond hearings to the class members, who must also be notified of the lawsuit. Ponsor also ordered the government to submit a report detailing the bond hearings held before the order by July 31.
...a Jamaica-born U.S. resident...
originally posted by: BlubberyConspiracy
a reply to: Hoosierdaddy71
I think it said he was U.S. Born correct me if im wrong.
An immigrant may be classified as illegal for the following three reasons: the individual enters without inspection or authorization, the individual stays beyond an authorized period following legal entry, or the individual violates the terms of legal entry.
The laws revolving around illegal entry or overstaying are found in Section 1325 in Title 8 of the United States Code. This section, titled “Improper Entry of Alien” will provide a fine or imprisonment (or both) for any immigrant who:
1. Enters or attempts to enter America at any time or location other than what was designated by the United States Government (immigration official, or
2. Any individual who eludes inspection or examination instituted by the United States Government and its immigration agents, or
3. Any individual who attempts to enter the United States by providing a false or misleading representation of oneself or through a willful concealment of fact. For instance, if you provide a false passport, driver’s license or pretend to be anyone else, you will be charged with attempting to enter the United States in an illegal fashion.
The maximum prison sentence for an individual caught in the act of violating immigration policy is 6 months for the first offense and additional 2 years for any subsequent offense.
In 2013, ICE freed 36,007 convicted criminal aliens from detention who were awaiting the outcome of deportation proceedings, according to a document obtained by the Center for Immigration Studies. This group included aliens convicted of hundreds of violent and serious crimes, including homicide, sexual assault, kidnapping, and aggravated assault. The list of crimes also includes more than 16,000 drunk or drugged driving convictions. The vast majority of these releases from ICE custody were discretionary, not required by law (in fact, in some instances, apparently contrary to law), nor the result of local sanctuary policies.
These figures call into question President Obama’s request to Congress for permission to reduce immigration detention capacity by 10 percent in favor of permission to make wider use of experimental alternatives to detention. These alternatives already are subject to serious questions about their efficacy and cost, and ICE’s methodology for evaluating the results needs to be carefully scrutinized. The reduced detention bed-space request, submitted as part of the executive branch’s budget plan, comes at a time in which ICE’s detention space needs are expanding due to rapidly increasing illegal arrivals along parts of the southwest border and continued high numbers of criminal aliens encountered by agents in the interior. The news that ICE released so many criminal aliens convicted of so many serious and violent crimes suggests that ICE could use more detention capacity, not less, in order to prevent further harm to the public from these individuals. ICE should be asked to track and disclose what additional crimes may have been committed by these individuals after their release.