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Citing Drop in Immigration Case Releases SDNY Judge Hellerstein Enjoins NY ICE Policy Change

By Matthew Russell Lee, Patreon
BBC - Decrypt - LightRead - Honduras - Source

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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