Detained: An Empirical Study of Immigration Bond Hearings, Emily Ryo (USC Gould School of Law)

• In Event: 198 - Regular Session. Immigration Politics

Abstract

During the fiscal year 2012, over 477,000 immigrants were administratively detained throughout the United States pending the conclusion of their immigration cases. For many of these detainees, the only legal mechanism through which they can be released from detention during this waiting period is a custody redetermination hearing—commonly known as a bond hearing. Using original and unique data on long-term immigrant detainees in Southern California, this study examines, for the first time, judicial decision-making in immigration bond hearings. Our analyses show that the odds of being granted bond are more than 3.5 times as high for detainees with attorneys than those who appeared pro se, controlling for detainee background characteristics and legal factors specified in immigration case law. Indeed, having an attorney is the strongest variable in predicting the odds of being granted bond. Our analyses also show that judges rely on certain prior criminal records in their decisions to grant bond, to the exclusion of all other legal factors; decisions about bond amounts are significantly related to only one legal factor—the number of previous felonies. Finally, our analyses indicate that significant differences in the bond decisions remain across many of the judges even after controlling for relevant factors.

Author

• Emily Ryo, University of Southern California