R.I. L-R v. Johnson

80 F. Supp. 3d 164 (2015)

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R.I. L-R v. Johnson

United States District Court for the District of Columbia
80 F. Supp. 3d 164 (2015)

  • Written by Nathan Benedict, JD

Facts

The government adopted a “no-release policy,” denying release on bond to asylum seekers pending the outcome of their removal hearings. R.I. L-R and nine others (plaintiffs) were mothers accompanied by minor children who had sought political asylum in the United States. They were detained for weeks or months until released on bond, even though they did not have criminal records and had family members in the United States who were willing to house and support them. The plaintiffs brought a class-action lawsuit, claiming that the no-release policy violated the Immigration and Nationality Act and the United States Constitution’s Due Process Clause. The government argued that the no-release policy discouraged others from immigrating.

Rule of Law

Issue

Holding and Reasoning (Boasberg, J.)

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Casebooks

Immigration Law

Key Terms

  • Section 236(c) of the Immigration and Nationality ActDescribes which classes of aliens should be mandatorily detained during the removal process.
  • DeterrencePenal theory's goal of preventing future criminal behavior, which comprises specific deterrence directed toward the convicted criminal's own future behavior, and general deterrence directed toward potential criminals in the convicted criminal's community or in society as a whole.
  • Due ProcessA constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious and that individuals will be given notice of legal proceedings conducted fairly with an opportunity for an individual to be heard before the government may impose sanctions on one’s life, liberty, or property.

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