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Judge over-turns Barr’s order for asylum seekers

Last updated on August 20, 2019

On Tuesday, US district judge Marsha Pechman ruled that Barr’s order restricting asylum-seeking immigrants right to obtain bail was ruled unconstitutional(courtesy of NPR).

“The court finds that plaintiffs have established a constitutionally- protected interest in their liberty,” Pechman said in an NPR article, “a right to due process, which includes a hearing before a neutral decision maker to assess the necessity of their detention.”

Enacted by attorney general William Barr in April of this year, the order only allows parole to be granted by asylum seekers through the Department of Homeland Security, according to PBS. Immigrants who don’t receive bail are placed for months to potentially years in detention centers, which have recently come under fire for their conditions. Illegal immigrants have died in these centers (22 according to NBC News), put in cramped spaces with no running water, and the areas had poor sanitation. Judge Pechman also found issue with the order leaving the possibility open of immigrants awaiting trial to be sent back by ICE after being released on bail (courtesy of NPR).

The Governments unwillingness to unconditionally assert the Plaintiffs will not be re-detained means that the specter of re-detention looms.

Wednesday, the White House press secretary released a statement in response to the ruling by Pechman(courtesy of NPR). In it, the White House press secretary claimed that the judge was unelected and stated that the case outcome was against the rule of law.

“The decision only incentivizes smugglers and traffickers,” the White House press secretary said (courtesy of NPR), “which will lead to the further overwhelming of our immigration system by illegal aliens.”

In a CNBC article, Homeland Security and Health and Human Services stated that they don’t have enough funding to handle the approximately 2,000 minors that are in the US border patrols custody at any time.

According to NPR, the House bill includes $3 billion to care for the unaccompanied children at the border and $1 billion is reserved for housing and feeding detained immigrants. The House has passed a $4.5 billion emergency spending bill to aid those at the border and Senate passed a $4.6 billion version of it on their own on Wednesday. According to The Hill, the House bill was not liked by all Democrats, with representative Ilhan Omar (who voted no) stating that she felt more money wasn’t the solution.

Throwing more money at the very organizations committing humans rights abuses and the very Administration directing these human rights abuses- is not a solution. This is a humanitarian crisis- a humanitarian crisis inflicted by our own leadership.

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