The proposed class-action lawsuit, filed in federal court in Los
Angeles by the American Civil Liberties Union of Southern
California, cited the example of a Honduran hair stylist who has
been detained for more than three years because he cannot afford to
pay his bond of $3,000.
The legal action represents the latest effort by the ACLU to make it
easier for detained immigrants to obtain bond in the U.S.
immigration system while awaiting court proceedings that could end
with their deportation.
Last year, U.S. immigration officials deported nearly 70,000
immigrants who were apprehended inside the country, according to
figures from Immigration and Customs Enforcement.
In a previous case, the ACLU successfully sued in federal court in
California to obtain mandatory bond hearings for immigrants held for
six months or more.
"Poverty or lack of financial resources should not deprive a person
of his or her freedom while in civil immigration proceedings,"
Michael Kaufman, a staff attorney with the group, said in a
statement.
The lawsuit, filed against U.S. Attorney General Loretta Lynch and a
number of immigration officials, said setting bail amounts too high
for detained immigrants violated their right to due process under
the U.S. Constitution.
A representative from the U.S. Department of Justice, which oversees
the U.S. immigration court system, could not be reached for comment
early on Thursday.
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The Department, in a written guide posted online, said significant
factors in determining how high to set bond for immigrants include
length of residence in the United States, family ties and any past
attempts at flight.
The ACLU lawsuit faulted the U.S. immigration system for not
requiring judges and prosecutors to consider an immigrant's ability
to pay when setting a bond amount. As a result, bail at times is set
at more than $100,000, according to the suit.
The suit asks a judge to require immigration officials to set a
lower bond when an immigrant has made "good faith efforts" to pay,
but cannot afford it.
(Reporting by Alex Dobuzinskis; editing by John Stonestreet)
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