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Trump administration’s immigrant detention policy broadly rejected by federal judges

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In federal courtrooms across America, a pattern has emerged in cases in which immigrants are being rounded up and jailed without a hearing. That’s a departure from fundamental constitutional protections in the U.S. that provide the right to a hearing before indefinite imprisonment.

In response, federal judges are systematically rejecting the Trump administration’s attempt to drastically expand who can be locked up without a hearing while awaiting deportation proceedings.

The Trump White House policy has been challenged in at least 362 cases in federal district courts, according to a recent ruling by U.S. District Judge Lewis A. Kaplan. Challengers have prevailed in 350 of those cases – decided by over 160 different judges sitting in about 50 different courts across the United States.

Behind those numbers are thousands of people whose freedom hangs in the balance while courts decide whether their imprisonment is lawful.

Trump administration officials claim they are targeting only “the worst of the worst” in immigration enforcement. Yet nearly three-quarters of people detained had no criminal history at all. Of those with criminal histories, many involved only minor offenses such as traffic violations.

The immigrants are in civil immigration proceedings to determine whether they can remain in the United States. Yet under the administration’s new policy, many are being held in jail-like facilities indefinitely, including “state-run prisons located in remote areas, soft-sided tent structures, military bases, and even in prisons in other countries,” according to a report from the Migration Policy Institute think tank.

As a law professor who studies due process in immigration proceedings, I view the overwhelming judicial........

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