The American Civil Liberties Union challenged in federal court Thursday a recent decision by Attorney General William Barr to deny bond hearings to certain asylum-seekers crossing the border without authorization, the latest standoff between immigration advocates and the Trump administration.



Over the last year, the administration has implemented numerous changes to dissuade asylum-seekers from crossing the border. Some of these moves, including a ban on asylum for those who cross the border illegally, have been blocked in federal court while others remain undecided.

In this latest battle, the ACLU, along with the American Immigration Council and the Northwest Immigrant Rights Project, filed a proposed amended complaint in an ongoing lawsuit in Seattle last year on behalf of detained asylum-seekers.

The case spurred US federal judge Marsha Pechman in early April to rule that bond hearings in immigration court for detained asylum-seekers should be held promptly.

Nearly two weeks later, Barr decided in his capacity overseeing the immigration courts that asylum-seekers who had crossed the border illegally and who had passed a screening at the border finding they had credible fear of persecution abroad could only be released by Immigration and Customs Enforcement officials.

Previously, migrants could request and be granted release by an immigration judge in a bond hearing. The ruling, the first made by Barr in his new role, will not take effect for more than two months.

In the meantime, the ACLU, along with the other groups, are amending their original complaint in an attempt to challenge Barr’s decision in court, citing due process violations.

“This decision is unprecedented,” said Michael Tan, a senior attorney at the ACLU Immigrants' Rights Project. “No matter what they say, the goal is to send the message to immigrants that they should not come to the US and apply for asylum or else you are going to be punished with detention without review.”