Officers including HSI and ICE agents take people into custody at an immigration court in Phoenix. REUTERS/Caitlin O'Hara
President Donald Trump's immigration officials have released a new policy that some lawyers are describing as "flagrantly unlawful," according to a new report.
The Washington Post reported on Monday night that the Immigration and Customs Enforcement acting director, Todd Lyons, directed agency staff to detain undocumented immigrants “for the duration of their removal proceedings,” citing a memo the outlet obtained. The memo cited instructions from the Department of Justice and Homeland Security, which determined that immigrants "may not be released from ICE custody."
That policy represents a stark shift in how immigration proceedings typically go, according to lawyers who spoke with The Washington Post.
Aaron Korthuis, who represents an immigrant who sued ICE over his arrest, described the new policy as "flagrantly unlawful".
“They are people who have been living here, all they’re doing is trying to make a living for their family,” Korthuis told the outlet, adding that the policy “is looking to supercharge detention beyond what it already is.”
Paul Hunkerm, who practices immigration law in the Dallas, Texas area, said that the courts will hopefully intervene.
“I think some courts are going to find that this doesn’t give noncitizens sufficient due process,” said Paul Hunker, an immigration lawyer and former ICE chief counsel in the Dallas area. “They could be held indefinitely until they’re deported."
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