About 41,000 immigrants applied to immigration courts for asylum last year, according to federal statistics. Those who sought protection at the borders or airports were immediately held until immigration officials released them or immigration judges granted asylum. And they were barred from asking the court to review their continued detention.
By contrast, those who applied for asylum after they had entered the US — legally or illegally — were usually allowed to remain free and permitted to seek bond hearings before immigration judges.
Where the system begins to unravel, though, is in reserving those decisions for immigration authorities and denying immigrants the chance to have judges hear their arguments. It would be as if accused criminals had their bail set by prosecutors rather than judges.
The Obama administration deserves some credit. In recent years, it has allowed immigration officers greater discretion in releasing asylum-seekers. Now, it should take the next step and allow judges to review detention decisions in the interests of fairness, reason and economy. — Excerpts from New York Times editorial