DENVER — Immigration rights advocates are pushing back on new immigration policies from Immigration and Customs Enforcement (ICE).
ICE announced in July that immigrants who arrive in the United States illegally will no longer be eligible for bond.
A new class action lawsuit, with the help of immigration attorney Hans Meyer, claims this is not legal.
"Immigration law for 30 years has clearly outlined that people who've lived in the country for a long period of time, if picked up by ICE, are eligible for bond," Meyer said. "What we see now is a new policy by the government with a complete reversal of that position after three decades without any explanation or reason."
The legal question a judge will need to decide is: "Should immigrants who are in our country illegally be allowed to ask for bond?"
The lawsuit isn't arguing to release detainees, but that they should have the chance to ask for bond.
"This problem is impacting thousands of people in Colorado. Anybody who lives in this state who entered at any time, no matter how long ago. So, for example, someone who came in when they were two or three years old, grew up here, maybe got DACA status as a young person, and has now been arrested by ICE, for over three decades, that person would be eligible for bond," Meyer said.
That includes Nestor Mendoza Gutierrez.
He became one of the first to file a case claiming his detention is unlawful, according to Meyer. Now he's the face of the class action lawsuit.
"He's lived in this country for nearly 27 years. He's married, he has children, he's a hard-working person, he pays taxes, so he's fully stable in our community, and he's lived in Colorado, frankly, more than most people who live in this state," Meyer said.
The lawsuit could be decided on in a matter of weeks, according to Meyer.
"So the class action lawsuit is designed to address one legal question that applies to 1000s of people. That way, 1000s of people don't have to file separate petitions for Habeas Corpus in the federal courts, and the court can address one legal issue that applies to several 100 and in this case, what will actually be several thousand people," he explained.
Denver7 reached out to ICE to ask about the agency's take on the policy change, and what the plan is if detention centers become overcrowded.
We were told in a statement, "ICE does not comment on pending litigation."
