Articles published by Law360 and MassLive reported that Mintz, together with the ACLU of Massachusetts and the ACLU of New Hampshire, achieved a groundbreaking victory for immigrants’ rights when Chief U.S. District Judge Patti B. Saris ruled that the government’s practice of detaining certain immigrants by default violates both due process and the Administrative Procedure Act.
The first-of-its-kind class action lawsuit, Pereira Brito v. Barr, was filed in June on behalf of immigrants who were jailed due to flawed detention hearings in which the detainee was required to bear the burden of proof as to not being a flight risk or a danger to the community. The latest ruling holds that the class of immigrants are entitled to bond hearings at which the government bears the burden of justifying an immigrant’s detention, and at which the immigration court must consider someone’s ability to pay when setting a bond amount.
The Mintz pro bono team representing the plaintiffs in this case includes Members Susan Finegan and Susan Cohen, Special Counsel Andrew Nathanson, and Associates Mathilda McGee-Tubb, Jennifer Mather McCarthy, and Ryan Dougherty.
View the full press release on this ruling here.