BOSTON (AP) - A federal judge is weighing whether to grant class-action status to a lawsuit alleging the federal government is illegally detaining immigrants and not honoring their due process rights.

American Civil Liberties Union affiliates in Massachusetts and New Hampshire argued in Boston federal court Monday that multiple federal courts have ruled the government has the burden of proof in deciding whether someone should be detained until their immigration case is resolved.

The organizations filed the lawsuit on behalf of three immigrants detained for months after having to prove they were not a flight risk. The U.S. Department of Justice argued in part that the three plaintiffs have since been released, making their claim moot.

MassLive.com reports Judge Patti Saris could decide on the ACLU’s request as early as Tuesday.

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