Yesterday a 3-judge panel of the U.S. 9th Circuit Court of Appeals decided that illegal immigrants must be offered affordable bond for their release.
The panel said immigration judges should keep in mind a non-citizen's ability to pay when setting a bond.
Judge Stephen Reinhardt wrote:
“The government’s discretion to incarcerate non-citizens is always constrained by the requirements of due process. No person may be imprisoned merely on account of his poverty.”
The decision upholds a district judge's ruling in an ACLU class action lawsuit on behalf of illegal aliens arrested in California.
It also requires the government to hold new bond hearings within 45 days for people who are detained, and to consult with the illegal aliens' lawyers about making new guidelines for release.