Overview of the settlement of bonds with an unauthorized immigrant:
- WHO: The judge approved an agreement to settle the class action between the two previously detained illegal immigrants and the US Department of Justice.
- Why: The agreement prohibits judges from setting disproportionate amounts of bail for detainees without considering their solvency.
- Where: The class action settlement was filed in federal court in California.
A California federal judge has given the green light to a class action agreement that will prohibit judges from setting disproportionate bail amounts for detained illegal immigrants without considering their financial situation.
Appointed plaintiffs Xochitl Hernandez and Cesar Matias allegedly reached a class action agreement with the US Department of Justice in October 2021. The defendants denied any wrongdoing, but agreed to settle the class action to avoid the burden and cost of ongoing litigation, the agreement said. .
Their agreement prevents U.S. Immigration and Customs Enforcement (ICE) detention centers in the Central District of California from detaining unauthorized immigrants on bonds without considering their ability to pay. Many immigrants who are illegal in the United States were allegedly detained because they could not afford to pay the bail.
On Monday, U.S. District Judge Jesus G. Bernal approved an agreement on a class action lawsuit on immigration bonds.
Under the terms of the class action for unauthorized immigrant bonds, judges must consider the detainee’s financial situation before determining the amount of the deposit. Settlement does not change the process that ICE uses to determine whether a detained immigrant is entitled to release.
Background to the class action against Bond’s unauthorized immigrants
Hernandez and Matias originally filed a class action lawsuit with the Department of Justice in 2016. Hernandez, originally from Mexico, reportedly lived in the United States for 25 years while she was detained and awaiting deportation. She was held on $ 60,000 bail, which she was unable to pay.
Following a class action lawsuit, Hernandez was released on $ 5,000 bail, which was paid with the help of a community organization. She was ordered to wear an ankle monitor.
Hailing from Honduras, Matias applied for asylum in the United States because he was persecuted in his home country for his sexual orientation. He was detained at a Santa Ana facility on a $ 3,000 bail he was unable to pay. According to the settlement, Matias allegedly remained in prison for four years.
An unauthorized class action against immigrant bonds was certified in 2016.
ICE has also faced allegations that it has violated the rights of immigrants in Florida by detaining them for no probable cause.
What do you think about the agreement on a class action against undocumented immigrant bonds? Join the discussion in the comments section below!
Class members are represented by Michael Bryan Kaufman of the ACLU Foundation of Southern California; Judy Rabinovitz, Michael KT Tan and Stephen Bonggyun Kang of the American Civil Liberties Foundation Immigrants’ Rights Project; Matthew Eric Sloan, Ashley Lynn Phillips and Winston Ping Hsiao of Skadden Arps Slate Meagher & Flom LLP; and Douglas Allen Smith of Mayer Brown LLP.
The Class action on immigration bonds is a Xochitl Hernandez et al. in. Merrick Garland et al.case no. 5: 16-cv-00620, in the U.S. District Court for the Central District of California.
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