Federal courts across the U.S. have ordered bond hearings or immediate release for several Indian nationals detained in immigration facilities, citing violations of due process protections.
Indian nationals held in immigration detention in the United States may soon receive relief, as federal courts across the country have ordered bond hearings or immediate releases for several individuals this week.
Judges in various states, including California, Michigan, New York, and Oklahoma, have determined that prolonged detention without adequate consideration for bond or individualized review violates constitutional due process protections.
In California, a federal judge in San Diego granted a habeas petition filed by Harbeet Singh, ordering an “individualized bond hearing” to take place within seven days.
Many of the cases involved individuals detained under the Immigration and Nationality Act, with courts finding that certain statutory provisions had been incorrectly applied, effectively denying detainees the opportunity to seek bond. Judges have granted habeas petitions and, in some instances, ordered immediate release or a bond hearing within a short timeframe.
In Michigan, a federal judge in the Western District conditionally granted relief to Sagar Ram, ordering a bond hearing under section 1226(a) within five business days or immediate release. The judge rejected the government’s claim that mandatory detention applied in this case.
These rulings highlight the necessity and importance of procedural fairness in immigration enforcement, illustrating the checks and balances that courts provide in reviewing detention decisions made by the executive branch.
In another case in California, a federal judge ordered the immediate release of Bhawandeep Singh Dhaliwal, stating that he “SHALL be released IMMEDIATELY from DHS custody.” The judge also prohibited authorities from re-arresting him without constitutionally adequate process.
These judicial decisions underscore a growing recognition that prolonged confinement without meaningful judicial review is inconsistent with due process principles. They reinforce the notion that the government’s authority to detain individuals is not unlimited.
Overall, these rulings reflect a judicial insistence that detention practices must balance the government’s enforcement objectives with the fundamental rights of individuals, ensuring that each case receives individualized consideration. According to The American Bazaar, these developments mark a significant step toward protecting the rights of detained Indian nationals.