ICE Violated Detainees' Rights In Bond Hearings, Judge Says

Law360 (November 27, 2019, 6:49 PM EST) -- A Massachusetts federal judge granted an early win Wednesday to two classes of undocumented immigrants, finding it is unconstitutional to place the burden of proof on them in civil detention bond hearings that they are not flight risks or should not be jailed.

U.S. District Judge Patti B. Saris also found in her summary judgment ruling that the government must evaluate immigrants' ability to pay in setting bond above $1,500, and should consider alternative conditions of release, including GPS monitoring.

Placing the burden of proof on the immigrants violates the due process clause of the Fifth Amendment, the judge ruled....

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