Judge Orders Bond Hearing for Man in McCook Detention Center

LINCOLN, Neb. – A federal judge has ordered that a man being held in a Nebraska immigrant detention center must be either provided with a bond hearing or released.

On Monday afternoon, Judge Susan Bazis issued an order requiring immigration officials to arrange a bond hearing for Carlos Chang within seven days or to release him immediately if they fail to provide that hearing.

The order marks a positive development for Chang and his attorneys with the American Civil Liberties Union (ACLU) of Nebraska as well as a rejection of a U.S. Immigration and Customs Enforcement (ICE) policy that asserts nearly all detained immigrants are ineligible for bond hearings and 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.

Chang has been at the detention center in McCook, Nebraska since last December. He is a Guatemalan citizen who has been in the United States for over 20 years. His first and only contact with immigration authorities happened late last year in Des Moines, Iowa. He is seeking release so that he can work through immigration proceedings while in the community and with his loved ones instead of in custody.

ACLU of Nebraska Staff Attorney Grant Friedman said:

“We were grateful to see this swift order. It affirmed that our client is legally entitled to a bond hearing and that his ongoing detention without a hearing is unlawful. This is a welcome development, but we know it is not the last hurdle he will need to overcome in the immigration system itself. We are hopeful on next steps, and we will continue to advocate for others in ICE custody who are facing similar circumstances.”

Chang’s case is one of three 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.