The Trump administration is violating immigrants' right to due process and exposing them to COVID-19, lawsuit alleges

2020 04 11T214246Z_928989750_RC2L2G95KS3V_RTRMADP_3_HEALTH CORONAVIRUS USA.JPGREUTERS/Bing Guan

  • A lawsuit, filed April 30, alleges that the federal government is violating the due-process rights of noncitizens.
  • At bond hearings, immigrants are forced to prove they are not a danger or flight risk.
  • It's "constitutionally deficient, and it just makes no sense," attorney Deborah Marcuse argued in an interview with Business Insider.
  • Plaintiffs say the pandemic should spur the government to rethink its approach to immigrant detention. There are 552 confirmed cases of detained immigrants with COVID-19, as of May 1, out of 1,073 who have been tested.
  • Visit Business Insider's homepage for more stories.

Normally, the US government has to make the case as to why a person who has been detained — but not convicted — should remain behind bars. Immigrants, however, are not endowed with the same legal rights and are presumed a flight risk unless they themselves make a persuasive case for why they would stay put.

It's "constitutionally deficient," Deborah Marcuse, a managing partner at the law firm Sanford Heisler Sharp, told Business Insider, "and it just makes no sense." Especially now, she argued, given that there's a pandemic.

See the rest of the story at Business Insider

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