“I’m not going home”: Trump policy detains people without bail |

Liset Fernandez has been worried about her father Louis for most of the summer, but a few weeks ago she There is some good news. An immigration judge in Texas was detained for weeks in Immigration and Customs Enforcement (ICE) and granted him a $5,000 margin release.

Luis came to the United States from Ecuador in 1994 and was detained at a facility in Livingston, Texas, thousands of miles from his home in Queens. Liset, 17, received additional shifts in retail jobs to support her mom and her nine-year-old brother. Louis’s colleagues Square DinerRail track-style greasy tablespoons near Tribeca, Manhattan, have been around for over 100 years Over $20,000 Support him and his family.

But when Liset logged into the Department of Homeland Security (DHS) website to pay the bonds, she received a message telling her father was not eligible for release. She told her father that he would not go home that day, but would be detained. “It’s frustrating for everyone,” Risset said. “His voice sounds totally disappointed.”

Louis is detained Due to the new DHS policy All people who enter the United States illegally are not eligible for bonds, regardless of how long they have been here and whether they pose a flight risk. In the case of Fernandez, DHS went further and deployed the rarely used exercise The Immigration Judge’s assurance ruling was stopped when appealing his ruling. Federal Regulations This agency is allowed to automatically retain the bond ruling of the immigration judge while appealing to the Immigration Commission.

Mobile means Fernandez will remain in custody when the case is heard before the Immigration Commission appeals. Craig Relles, an immigration attorney representing Fernandez, said it was unclear how long it would take to resolve the case because the board was stuck in the appeal.

Fernandez’s case shows Trump administration Susteita Mathur, an attorney for the U.S. Immigration Commission, said that no matter how long they stay in the U.S., they are doing “all aspects of the cumulative immigration system” for all aspects of the U.S.

“In every step, they impose the greatest punishment on people,” she said. “It’s part of the whole and part of the package that the government makes the process so punitive and unbearable.”

The Justice Department, which is in charge of the Immigration Court, passed the process to automatically suspend the bond ruling of immigration judges after concerns over national security following the September 11 attacks. At the time, people were worried about how it was used Unfairly detaining people. Both Mathur and Relles said they rarely saw appeals and stay practices until this summer. Now, they say this practice is common.

An agency official familiar with the matter said he had directed a lawyer representing the Department of Homeland Security to appeal immediately when the appeal was pending and the judge’s ruling was immediately suspended. The person said they were also told that if they did not take such action, they would be fired.

When asked whether attorneys will automatically appeal in all cases of approval of margins, the Department of Homeland Security said: “Every decision to appeal is based on the facts of the case. No one has been fired for not appealing a case.”

In recent months, national federal judges, including Minnesota,,,,, Nebraska and Marylandruled to support detained immigrants who challenge this practice. The judge said the appeal of the bond ruling and the automatic reservation of the immigration judge’s decision to grant the bonds puts the detainees at risk.

“The government’s discretion in immigration matters is profound and broad, but certainly won’t overcome the due process contained in the Constitution,” said Julie Rubin, a U.S. District Court judge in Maryland, in a ruling this month to grant immigration releases, which was detained even for bonds that an immigration judge has been ordered. “Automatic accommodation call [immigration judge’s] Re-determining the command “empty gesture”, lack of convincing interest or special circumstances [the immigration judge]. ”

“It seems like the headquarters has a nationwide policy directing them to submit these automated accommodations,” Mathur said. Such policies “will raise more questions about due process. Because it would be even more shocking if they didn’t even do personalized analysis before submitting these processes.”

The Department of Homeland Security said Fernandez entered the country illegally and had two convictions for driving while drunk. The agency did not provide further information about the case, But tell Tribeca citizensThis is a local news website and the allegations began in 2003 and 2014.

“Under Trump’s President and Secretary Noem, you will face consequences if you violate the law. Criminal illegal foreigners are not welcome in the United States,” the Department of Homeland Security said in a statement.

But that’s not what Fernandez’s colleagues know. At Square Diner, he is known as a hardworking worker, and he will work overtime to support his Liset and his nine-year-old son. He is the one who would welcome new employees to discounts, always jokes and provide cover for those who need to go out of an emergency and then give them the missed income. He would say bad things to his children for a long time and never say bad things to tipped clients. The only thing he wants to eat at work – sometimes teasing – the big salad bowl is filled with soup. Usually chicken, but sometimes it is mixed together.

The fact that Louis has been working in the United States for so long and is working hard and paying taxes is the fact that our citizens’ two children make him clearly qualified for Bond.

“The Department of Homeland Security has the opportunity to present any evidence that he is dangerous and has had serious violations in the past,” Reels said.

“He is human. He has the heart.” said a colleague who asked to remain anonymous because they are worried about their safety. “He is [an] Very honest person. With money, with food and anything, you just have to name it. The most important thing is the best father. “The colleague said they had a conversation with Louis recently, who recently worked in the kitchen of the detention center.

Liset last saw her father in the early morning of June 24, when he came to her bedroom to say goodbye. That morning, he was called to appear on the asylum application on Long Island. Luis was about to leave the day before he was about to see something happen to him. He shared the location on his phone with Liset. Still, Liset doesn’t think there’s much worry and says goodbye.

It was a hot day in New York, and Liset went to the beach with her cousin to celebrate the end of the school year and the start of the summer vacation. Louis called her while she was there. She could tell from the tone of his voice that something was wrong. He told her not to worry, but he would be arrested. “They are going to take me there, and I’m not going to be home anytime soon,” he told her. “If anything happens, make sure you take care of yourself.”

Fernandezwas is one of the thousands of immigrants arrested by the Trump administration as part of its efforts to strengthen deportation. Half of the immigrants arrested in the New York area this year have been arrested, just like Fernandez According to federal data analyzed by The New York Times.

Liset hasn’t heard from her father for a few days. But when she finally caught him, he was transferred to a Texas facility. Since his detention, Liset has spoken to her father almost every day, usually only for a few minutes. He told her that there were about 20 people in his room, which was cold because the air conditioner was 24/7. Lissett said that in the first few weeks of detention, Louis will share a cup of ramen noodles with two other men.

Liset describes her father as a hardworking worker who wants to make sure his family is financially cared for, but also make sure he can be with them. Since her mom speaks only limited English, she mastered her father’s legal cases on Liset, while also making more work shifts.

“It’s incredibly exhausting,” she said.

José Olivares contributed the report