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Judge certifies immigration detention suit as class action

August 6, 2019

BOSTON (AP) — A federal judge in Boston has ruled that a complaint alleging the government is illegally detaining immigrants and not honoring their due process rights can move forward as a class action lawsuit.

American Civil Liberties Union affiliates in Massachusetts and New Hampshire say the Tuesday decision by Judge Patti Saris extends the impact of the lawsuit to hundreds of immigrants going through Boston’s immigration court for bond hearings.

The civil rights groups argue that multiple federal courts have ruled the government has the burden of proof in deciding whether someone should be detained until their immigration case is resolved.

The organizations had filed the lawsuit on behalf of detained immigrants. Federal prosecutors argued in part that the three plaintiffs have since been released, making their claim moot.

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