A federal court in Nevada has struck down a Trump administration immigration policy that mandated the detention of nearly all individuals facing deportation, even those with long-term residency and no criminal history.
The ruling, issued by U.S. District Judge Richard Boulware II on Tuesday, found that the policy violated federal law and inflicted "irreparable harm" on those arrested. This landmark decision marks the first time a class-action lawsuit in Nevada has successfully overturned a Department of Homeland Security directive.
The judgment could significantly impact hundreds of people, potentially allowing up to 60 individuals per week in Nevada to seek release.
The American Civil Liberties Union (ACLU) of Nevada, a petitioner in the case, suggested the ruling could enable thousands of immigration detainees across the state to pursue bail.
The ruling signals a massive success for immigration advocates in Nevada, who have been pushing back against increasing local government collaboration with ICE. Since President Donald Trump has stepped back into office, immigration arrests have skyrocketed in Nevada, and most of those arrested have not had a violent criminal past. The state is also home to one of the most over-capacity detention centers in the country.
“The decision is enormously consequential,” Athar Haseebullah, the executive director of the American Civil Liberties Union of Nevada, said in an interview with The Nevada Independent. “If this decision holds, people will have the opportunity to be back with their families.”
The Trump administration has touted the policy — known as “mandatory detention” — as key to its mass deportation campaign. The rule, which applies to immigrants who entered the country without inspection and were detained within the U.S., doesn’t just subject more people to detention while they fight deportation but bars them from asking an immigration judge to consider releasing them on bond. More than 100 judges nationwide have ruled against it, deeming it a violation of due process rights as it prevents people from contesting their detention.
Earlier this week, the 9th U.S. Circuit Court of Appeals sided with the Trump administration in a similar case, although the ruling would only affect parts of California.
Before the policy’s implementation, individuals who had not committed aggravated felonies or were issued a removal order at the border could seek bond.
In a statement on Friday, a Department of Homeland Security spokesperson said “judicial activists have been repeatedly overruled by the Supreme Court on these questions. ICE has the law and the facts on its side and ICE will continue to adhere to all court decisions until they are ultimately struck down by the highest court in the land.”
The ruling is already having an impact. Michael Kagan, the director of the UNLV Immigration Clinic, which represents clients facing deportation, said he has already seen bonds being granted this week that would have otherwise been denied. He added that the opportunity for someone to be released on bond can make a huge difference in an individual’s life, allowing them to go home to their families and see their kids again while they wait for more developments in their case.
The decision would allow noncitizens without lawful status or those who are in removal proceedings in Nevada to seek relief. By April 7, the government is required to share notices about the ruling in common areas of detention facilities when people are booked into immigration detention. By April 14, facilities must provide forms to people allowing them to challenge their imprisonment in court — known as a habeas petition.
Kagan added that before the Trump administration implemented the mandatory detention rule, immigration judges routinely denied bond to immigrants they deemed a danger to the public.
“This policy wasn’t about a danger to the public,” Kagan said. “It was just about locking up undocumented immigrants.”
The case was filed by the UNLV Immigration Clinic and ACLU of Nevada in late October on behalf of Victor Ramirez and Edgar Alcantar after they were denied bond hearings. Both arrived in the U.S. as minors and had no criminal convictions. They were both granted bond hearings in November after the suit was filed.
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