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What is the Hernandez Bond?

What is the Hernandez Bond?

The "Hernandez Bond" is a new procedure for determining the bond amount for immigrants in removal proceedings. It is ia Ninth Circuit class action lawsuit titled Hernandez v. Sessions which seeks to allow for reasonable bonds.

A Hernandez Bond requires the judge to apply the same standards in criminal proceedings when determining the bail amount. For example, immigrants in deportation now can have their family's financial status to be taken into consideration by the judge. This is based on the legal concept the keeping immigrants detained because they cannot afford to pay the bail is unconstitutional

This lawsuit is not nationwide and is currently in the Ninth Circuit. The following states are currently required to follow the Hernandez requirements: Alaska, Washington, Oregon, California, Arizona, Nevada, Idaho and Montana.

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