The Ninth Circuit Court of Appeals is hearing arguments by attorneys from the Department of Justice, who are saying that detained immigrant minors do not have the right to a bond hearing. According to DOJ attorney Sarah Fabian, granting children a bond hearing is “just bandaging the wrong leg. Providing a bond hearing is not a solution.”
After the settlement of Flores v. Meese, et al., detained immigrant children have the right to a bond hearing for their release in front of an immigration judge. The landmark stems from a group of minors fleeing torture and abuse in Central America, and later detained by the Immigration and Naturalization Service (INS), a now-defunct agency whose functions have since been absorbed by U.S. Immigration and Customs Enforcement (ICE).
But in 2015, the federal government claimed that legislation passed since 1997 have since revoked this precedent.