Revoking Bond Hearings is a Dangerous Precedent
The U.S. immigration system has long deprived those in deportation and of due process, the constitutional right ensuring that individuals are not deprived of life, liberty, or property without fair legal procedures. Now, the Trump Administration is further eroding this fundamental principle, especially for immigrants caught in the ever-expanding web of ICE enforcement.
Recent internal communications by the U.S. Immigration and Customs Enforcement (ICE) highlights a troubling trend that we are seeing across the country and here in the Pacific Northwest: the federal government is detaining immigrants without giving them a fair chance to be released on bond. This practice not only undermines constitutional protections but also sets a dangerous precedent for how we treat due process in U.S. courts.
The Burden of Proof Turned Upside Down
Traditionally, in the U.S. legal system, the burden is on the government to justify why someone should be detained. But in immigration courts, the script is flipped. Immigrants must prove they are not a danger or a flight risk to be eligible for release. By declaring that detained immigrants are automatically ineligible for a bond hearing before an immigration judge, ICE is forcing individuals to “prove a negative,” a nearly impossible standard, especially for those without legal representation or familiarity with the system. Now, detained immigrants cannot be released unless the Homeland Security Department makes an exception.
The Human Cost of Detention Without Bond
The consequences of this policy are not abstract. Take the 2019 case of Florentin Avila Lucas—a dairy worker in New Hampshire with no criminal record—who was denied bond simply because he couldn’t prove he wasn’t a risk. Stories like his are all too common. Many detainees languish in detention for months or even years, separated from their families and communities, not because they pose a threat, but because they cannot afford high bond amounts or navigate a complex legal system.
A Threat to Constitutional Norms
This isn’t just an immigration issue; it’s a constitutional one. The Fifth Amendment guarantees that no person shall be “deprived of life, liberty, or property, without due process of law.” Denying bond hearings or placing the burden of proof on detainees violates this core principle. If we allow such exceptions in immigration law, we risk normalizing them in other areas of the justice system.
Why This Matters to All of Us
Immigration law often operates in the shadows of the broader legal system, but its precedents can ripple outward. If we accept that certain groups can be detained indefinitely without meaningful review, we chip away at the protections that safeguard everyone’s freedom. Today it’s immigrants; tomorrow it could be others deemed inconvenient or undesirable.
Upholding Justice Means Upholding Bond Hearings
Revoking or undermining bond hearings is a moral and constitutional failure. We must demand a system where liberty is the default, not the exception, and where the government must always justify the deprivation of freedom. Anything less is a betrayal of the values we claim to uphold.