Recent Decision Allows Asylum Seekers Detained at Border Opportunity for Bail

Asylum seekers detained at the border are entitled to bail, according to a recent decision by a federal judge.

Federal Judge Marsha Pechman, of the State of Washington, suspended the execution of the Central Government policy of not granting bail to asylum seekers – a policy that was scheduled to take effect on July 15 of this year.

It is important to begin by clarifying that the measure or regulation that the Central Government has insisted on applying “not granting bail hearing for asylum seeker” would not affect those who come to ask for it through the legal ports of entry of the border; but it would have legal impact for those who cross the border without permission and especially for those who do not have children.

Also, the Magistrate who suspended the Federal Government measure reported that immigrants who entered the US and who were detained here have the right to receive due process. He also indicated that the burden in the hearing should be on the Government, which must show that it is necessary to keep asylum seekers detained because they would represent a risk of escape or a threat to public safety.