Judge Orders Bond Hearing for Detained Dreamer

LINCOLN, Neb. – A federal judge has ordered that a Nebraska Dreamer being held by U.S. Immigration and Customs Enforcement (ICE) must be provided with a bond hearing or released.

Today, Judge Susan Bazis issued an order requiring immigration officials to arrange a bond hearing for Joel Angel-Becerril within seven days or to release him immediately from detention if they fail to provide that hearing.

Angel-Becerril has been in Sarpy County Jail on an ICE detainer since December based on ICE’s allegation that he was not "admitted or paroled” into the country and does not have a “valid entry document.” He is a Deferred Action for Childhood Arrivals (DACA) recipient and, as such, has both temporary, renewable protection from deportation and work authorization.

Despite being a DACA recipient, Angel-Becerril has had no chance to seek release before an immigration judge because he has not had a bond hearing. He is one of thousands of immigrants nationally who have been denied a bond hearing based on an ICE policy change that asserts nearly all detained immigrants are subject to mandatory detention and ineligible for release on bond. Although a federal class action lawsuit vacated ICE’s mandatory detention policy, ICE has continued to deny bond hearings to immigrants the agency takes into custody.

Today’s order notes that most district courts to have considered this case have ruled against the mandatory detention policy and expresses disagreement with the one appellate court to have sided with the government so far. “Angel-Becerril is entitled to a bond hearing, and his detention without one is unlawful,” it reads in part.

Asked if there was anything he wanted to share with the public about today’s development, Angel-Becerril voiced appreciation:

“I’m grateful for everyone’s support and everyone helping me through these hard times.”

ACLU of Nebraska Staff Attorney Grant Friedman said:

“Under this order, ICE can no longer unlawfully deny our client a bond hearing. He will have a chance to make his case for release on bond. This is a big step forward, and we are hoping it means he will soon be back with his family.”

Angel-Becerril’s case is one of four that the ACLU of Nebraska has launched this year on behalf of people in ICE custody. Last year, ACLU of Nebraska lawsuits prompted the release of three women who were separated from their families after an ICE workplace raid in Omaha. Advocacy efforts led to the release of a fourth client, a man with two young children at home.