In brief
In a significant ruling, U.S. District Judge Brandy McMillion authorized bond hearings for Jose Contreras-Cervantes and seven other detainees suffering from health issues. This decision comes as part of a broader challenge against Trump-era policies that deny bond hearings for undocumented immigrants. Contreras-Cervantes, diagnosed with chronic myeloid leukemia, has lived in the U.S. for 20 years but was detained after a routine traffic stop in Detroit. His legal team, supported by the ACLU, is fighting for his release due to his medical condition.
DETROIT (AP) — A Michigan man facing possible deportation while dealing with life-threatening leukemia must be released from custody or at least be given a bond hearing in immigration court, a judge said. This ruling marks a victory for Jose Contreras-Cervantes and seven other plaintiffs represented by the American Civil Liberties Union of Michigan. If released on bond from Immigration and Customs Enforcement custody, they could return to their families while their cases wind through immigration court.The Trump administration has refused bond hearings for immigrants who entered the U.S. illegally, even if they lack a criminal record. The policy is a reversal of past practices and has been successfully challenged, including recently in Washington state. Without first evaluating each petitioner’s risk of flight or dangerousness, their detention is a violation of due process rights afforded to them under federal law, said U.S. District Judge Brandy McMillion in Detroit.The judge ordered bond hearings within seven days and wants a written update by October 27. In response to the petition, the U.S. Justice Department defended the policy and asserted that the case should have been filed at an immigration appeals board, not federal court. It remains unclear whether the department will appeal.Contreras-Cervantes, 33, was diagnosed last year with chronic myeloid leukemia, a life-threatening cancer affecting the bone marrow. His prognosis indicates he has only four to six years to live, according to his wife, Lupita Contreras, a U.S. citizen. Having lived in the U.S. for approximately 20 years without legal documentation, Contreras-Cervantes was arrested during an August 5 traffic stop in suburban Detroit. Following his arrest, he was transferred from Michigan to Ohio and back to Michigan, during which he did not receive his medication for 22 days, his wife reported. He is now receiving a substitute medication at the North Lake Processing Center, a privately operated detention facility located in Baldwin, Michigan.
