A series of federal court rulings in the United States this week have directed the release or bond hearings for 15 Indian nationals in immigration detention. The courts found that authorities violated due process by detaining migrants without proper hearings. These rulings, spanning states like California, Colorado, and Pennsylvania, involve Indian asylum seekers previously released but re-detained under a new immigration law interpretation.
In these cases, around 12 Indian migrants were ordered immediate release, while three others were granted bond hearings to assess the necessity of their continued detention. Judges noted that immigration authorities wrongly detained migrants under provisions for border entrants, despite residing in the US for extended periods. The courts emphasized that such migrants should have bond hearings to determine flight risk or community danger.
Among the individuals challenging their detention were Sukhdev Singh, Gurvinder Singh, and others. Some courts demanded immediate release, citing lack of criminal history or public safety risk. They also restricted re-detention unless authorities prove danger or flight risk. For instance, a Pennsylvania court released Sanjay Kumar, residing in the US since 2023 and seeking asylum.
Furthermore, courts ordered prompt bond hearings instead of mandatory detention. In Colorado, a judge instructed a bond hearing within seven days for Harkirat Singh. The rulings underscored that noncitizens in the US are entitled to Fifth Amendment protections. They reflect judicial resistance to expanded mandatory detention for long-term US residents without inspection entry.
