Barr Makes Major Reversal in Ruling Some Asylum Seekers Could Be Held Indefinitely

Attorney General William Barr decided Tuesday that some asylum seekers who have established credible fear and are subject to deportation cannot be released on bond by immigration judges — a major reversal from a prior ruling that could lead to immigrants being held indefinitely.

The decision means the Department of Homeland Security alone will have the discretion to decide whether to release immigrants who crossed the border illegally and later claimed asylum.

The ruling effectively blocks concerted efforts by immigration lawyers and immigrant rights advocates to push for bond hearings for detained asylum-seekers. The advocates argue that there’s no reason for the United States to detain people who are seeking safety and have already cleared hurdles to prove they have a credible case.

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Barr’s ruling could likely affect thousands of migrants apprehended at the border, many of whom are seeking asylum and would be subject to expedited removal.

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Barr’s decision marks the first time he’s used his position to overrule precedent-setting decisions in immigration court — a power the US attorney general has because immigration courts are not independent and are part of the Justice Department. {snip}

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The ruling takes effect in 90 days.

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