A preliminary injunction has been issued by a federal judge. It orders officials in the US to implement substantial reforms in the bail bond setting system, making sure that immigrants are not being kept in detention just because they are poor.
Judge, Jesus G. Bernal, from the US District Court for the Central District of California, issued the ruling on Thursday. It orders the federal government to obey constitutional requirements akin to those used in criminal cases when setting bail bonds for immigrants. The ruling requires that the financial ability of the detainee to pay a bond should be taken into consideration by immigration judges and agents of US Immigration and Customs Enforcement when setting such a bond. Also, is should ensure the amount is limited to that necessary to guarantee that the immigrant will go back to court or to find an alternative, such as supervised release, rather than bail.
The staff attorney at Sullivan & Cromwell Access to Justice with the Southern California branch of the ACLU, Michael Cromwell, says that the ruling is important because it recognizes that no one should be incarcerated solely on the grounds of their financial status. It will help to end the unnecessary detention of non-criminal immigrants by the US government.
The ruling on the lawsuit brought by the ACLU in April also saw Judge Bernal grant the motion by the plaintiff for class certification and deny the motion by the government to have the case dismissed.