Some asylum-seekers who were previously eligible to be released on bond if they could demonstrate there was “credible fear” of returning to their country of origin will remain behind bars, according to a new ruling issued by Attorney General William Barr.
“I conclude that such aliens remain ineligible for bond, whether they are arriving at the border or are apprehended in the United States,” Barr wrote in the opinion Tuesday.
[Related: Trump casts for promised results on immigration as 2020 bid accelerates]
The decision rescinds a 2005 immigration court decision that allowed migrants that successfully proved there was “credible fear” of persecution in their home country to pursue release on bond. Even so, the Department of Homeland Security has the authority to release individual asylum-seekers from detention.
Migrant children traveling alone or with their families will not be affected by the ruling, nor will migrants who pursue asylum at ports of entry.
The ruling will take effect in 90 days, providing the Department of Homeland Security to “conduct the necessary operational planning for additional detention and parole decisions.”
