The Legal Aid Society, representing a range of non-profit organizations who provide support to noncitizens detained by ICE, filed a coalitional amicus brief in the Second Circuit to challenge the Board of Immigration Appeals’ position that when noncitizens in removal proceedings are considered for bond, they bear the burden of proof to demonstrate that they are neither a danger to the community nor a flight risk. We shared with the Court client stories to highlight the destructive and unnecessary real-world consequences of such a presumption. Our brief argued that placing the burden instead with the government to demonstrate why an individual does present a cognizable danger to justify keeping them in detention results in more reliable custody determinations, minimizes harm to immigrant families and communities, and serves the overall public interest.

The Second Circuit dismissed the appeal in August 2022 following the Supreme Court decision in Garland v. Aleman Gonzalez, which prevented the kind of class-wide injunction granted to the detainees by the district court.