Padilla v. ICE
What's at Stake
The American Civil Liberties Union, American Immigration Council, and Northwest Immigrant Rights Project filed a proposed amended complaint in federal court today in order to challenge the Trump administration’s new policy that categorically denies bond hearings to asylum seekers.
Summary
The policy, announced April 16 by Attorney General William Barr, targets asylum seekers whom immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled.
Many such people currently have the right to a bond hearing where an immigration judge will decide if they should be held or released from custody as their asylum case proceeds. If the new policy goes into effect, they could be jailed indefinitely without a hearing.
The proposed amended complaint, filed in Padilla v. ICE, cites violations of the Due Process Clause, the Immigration and Nationality Act, and the Administrative Procedure Act.
Legal Documents
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09/09/2019
Plaintiffs-Appellees' Answering Brief
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09/09/2019
Brief of Amici Curiae – States of Washington, California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Virginia
Date Filed: 09/09/2019
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09/09/2019
Brief for Amici Curiae – National Association of Criminal Defense Lawyers, Pretrial Justice Institute, and Center for Legal and Evidence-Based Practices
Date Filed: 09/09/2019
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09/09/2019
Brief for Amici Curiae – Retired Immigration Judges and Board of Immigration Appeals Members
Date Filed: 09/09/2019
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07/23/2019
Padilla v. ICE - Order on Stay Pending Appeal of PI
Date Filed: 07/23/2019
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07/19/2019
Padilla v. ICE: Hinojosa Declaration
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07/19/2019
Padilla v. ICE: ORDER ON MOTIONS RE: PRELIMINARY INJUNCTION
Date Filed: 07/19/2019
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05/02/2019
Padilla v. ICE: Third Amended Complaint
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03/27/2020
Appeals Court Opinion - Padilla v ICE
Press Releases
Federal Court Blocks Trump Administration Policy of Arbitrarily Jailing Asylum Seekers
Groups Launch Legal Challenge to Trump Administration Policy on Jailing Asylum Seekers
