Citing Drop in Immigration
Case Releases SDNY Judge Hellerstein Enjoins
NY ICE Policy Change
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
March 30 – The Trump
administration's reduction in
the rate of release during
immigration proceedings caught
the eye of, and on March 30
was partially enjoined by,
Judge Alkin H. Hellerstein of
the U.S. District Court for
the Southern District of New
York.
On March
20, Judge Hellerstein shifted
the case to a telephonic
hearing. He told the parties
that a member of the press -
Inner City Press - was on the
line, that it was an open
proceeding.
Judge Hellerstein relied
heavily on the Declaration of
David Hausman, Ph.D. candidate
at Stanford who was previously
at the ACLU. Hausman's Table 3
showed for low risk
individuals, by the New York
Field Office of ICE, 148 were
released in 2017, then zero in
2018.
Assistant
US Attorney Brandon Waterman
insisted that individualized
determinations are being made.
But Judge Hellerstein found
that petitioners have a
likelihood of success on the
merit, citing the so-called
Accardi doctrine.
A dispute
ensued about when ICE should
have to report under the
injunction. The NYCLU's Robert
Hodgson pushed for a week.
April 17 was arrived at, with
information as of April 10.
Inner City Press will continue
to follow this case, and any
appeal. It is Velasaca v.
Wolf, et al., 20-cv-1803
(Hellerstein).
***
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