Tuesday, April 12, 2016

ACLU Sues to Make Bail More Affordable for Illegal Immigrants



ACLU Sues to Make Bail More Affordable for Illegal Immigrants
by Caroline May12 Apr 2016
The government should consider individuals’ financial resources when setting the bond amount for aliens in removal proceedings, the ACLU argues.

In a class lawsuit filed this month, the ACLU Foundation of Southern California and the ACLU Immigrants’ Rights Project say the federal government sets unacceptably high bond amounts for foreign nationals in deportation proceedings because it fails to consider their ability to pay. The result, the ACLU argues, is lengthier incarceration rates for poorer aliens.

The suit names Cesar Matias, a Honduran national fighting deportation by seeking asylum, and Xochitl Hernandez, an illegal immigrant from Mexico convicted of shoplifting, as plaintiffs in the suit. ACLU charges their bail is too high for them to pay and violates their rights. Matias’ bail is $3,000 and Hernandez’s bail is $60,000.

“Poverty or lack of financial resources should not deprive a person of his or her freedom while in civil immigration proceedings,” Michael Kaufman, an ACLU SoCal attorney, said in a statement. “Such detention violates the due process and equal protection guarantees of the Fifth Amendment, the Eighth Amendment’s Excessive Bail Clause and immigration laws.”

The ACLU further argues that the current trajectory of the criminal justice system has been to move toward fee policies that do not adversely affect lower income defendants, and while immigration proceedings are a civil matter, it says they should reflect the changing times.

“At a time when state and federal criminal justice systems are moving to reform the fees and financial constraints that unfairly affect low-income individuals, the federal government’s immigration detention practices continue to deprive some immigrants of their liberty because they are poor,” added Michael Tan, an ACLU Immigrants’ Rights Project attorney.

While the ACLU is pressing for the government to change its policies to allow for the bonded release of more immigrants in removal proceedings, Center for Immigration Studies fellow Dan Cadman says the ACLU’s lawsuit “shouldn’t go anywhere” because regardless of the cost, the intent is to ensure that the alien shows up for court. The problem is, already many aliens in removal proceedings abscond.

“There are already nearly a million aliens on the streets of America today who have absconded from proceedings. That’s right, nearly a million,” Cadman wrote in a post Tuesday at CIS. “That is because many of them realize that losing whatever surety or collateral they put forward is cheap at the price if they can flee and stay hidden long enough. Given a population of more-or-less 12 million illegal aliens — and a shrinking cadre of immigration officers hamstrung by absurdist rules imposed by an administration bent on destroying the fabric of our immigration control system (even as they declare it ‘broken,’ as if their hands were clean) — staying hidden is an easy enough thing to do.”

ACLU
Open Society Foundations was a funder for the American Civil Liberties Union (ACLU), and the Atlantic Council of the United States (think tank).

Note: George Soros is the founder & chairman for the Open Society Foundations, a director emeritus for Refugees International, a board member for the International Crisis Group, and was the chairman for the Foundation to Promote Open Society.
Foundation to Promote Open Society was a funder for the American Civil Liberties Union (ACLU), Refugees International, and the Brookings Institution (think tank).
Carlos Pascual is a director at the Atlantic Council of the United States (think tank), was a U.S. ambassador for Mexico, and a VP for the Brookings Institution (think tank).
Ernesto Zedillo was a board member for the International Crisis Group, and the president of Mexico.
John D. Negroponte was a U.S. ambassador for Mexico, a U.S. ambassador for Honduras, and an EVP for McGraw Hill Financial Inc.
Pedro Aspe was a secretary of the treasury for Mexico, a director at McGraw Hill Financial Inc., and a trustee at the Carnegie Corporation of New York.
Lois Dickson Fitt was a director at McGraw Hill Financial Inc., a guest scholar at the Brookings Institution (think tank), and is Susan E. Rice’s mother.
Carnegie Corporation of New York was a funder for the Brookings Institution (think tank).
Susan E. Rice is Lois Dickson Fitt’s daughter, the White House national security adviser for the Barack Obama administration, and was a senior fellow at the Brookings Institution (think tank).
Lee H. Hamilton is an honorary trustee at the Brookings Institution (think tank), a co-chair for the Independent Task Force on Immigration and America's Future, and David F. Hamilton’s uncle.
David F. Hamilton is Lee H. Hamilton’s nephew, and was a canvasser for the Association of Community Organizations for Reform Now (ACORN).
Association of Community Organizations for Reform Now (ACORN) was the plaintiff in ACORN vs. Illinois State Board of Elections.
Sidley Austin LLP was the legal adviser for Association of Community Organizations for Reform Now (ACORN).
Barack Obama was an intern at Sidley Austin LLP, and the attorney for ACORN vs. Illinois State Board of Elections.
Michelle Obama was a lawyer at Sidley Austin LLP.
R. Eden Martin is counsel at Sidley Austin LLP, and the president of the Commercial Club of Chicago.    
Newton N. Minow is a senior counsel at Sidley Austin LLP, a member of the Commercial Club of Chicago, and an honorary trustee at the Carnegie Corporation of New York.
Carnegie Corporation of New York was a funder for the Brookings Institution (think tank).
Pedro Aspe was a trustee at the Carnegie Corporation of New York, a secretary of the treasury for Mexico, and a director at McGraw Hill Financial Inc.
John D. Negroponte was a U.S. ambassador for Mexico, a U.S. ambassador for Honduras, and an EVP for McGraw Hill Financial Inc.
Lois Dickson Fitt was a director at McGraw Hill Financial Inc., a guest scholar at the Brookings Institution (think tank), and is Susan E. Rice’s mother.
Susan E. Rice is Lois Dickson Fitt’s daughter, the White House national security adviser for the Barack Obama administration, and was a senior fellow at the Brookings Institution (think tank).
Lee H. Hamilton is an honorary trustee at the Brookings Institution (think tank), a co-chair for the Independent Task Force on Immigration and America's Future, and David F. Hamilton’s uncle.
Carlos Pascual iwas a VP for the Brookings Institution (think tank), a U.S. ambassador for Mexico, and a director at the Atlantic Council of the United States (think tank).
Ernesto Zedillo was the president of Mexico, and a board member for the International Crisis Group.

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