For almost twenty years, immigrants seeking asylum that have passed a credible fear interview have been permitted to be released from the detention centers they were held in. Unfortunately, this right has been stripped away from these immigrants as a recent Supreme court decision (Garland v. Aleman Gonzalez) has decreased courts’ power to order bond hearings. Now, even those who have passed asylum screenings and credible fear interviews can be held in detention and incarcerated for months, if not years. These people may not even obtain the opportunity to speak with an immigration judge about their release.
In July of 2019, an order was issued that mandated the government to provide class members with bond hearings as it is their constitutional right, and this order has remained constant until recently. In the meantime, the asylum seekers do not have the proper access to bond hearings. Regardless of how long they have been held in custody, they do not have the ability to seek their release on bond.