Daniel F.B.: Asylum seeker with work permit detained in NJ ICE raid
An asylum seeker with a valid work permit and no criminal record, living in the U.S. since before 2022, was redetained in Paterson, NJ, despite violating no release conditions. A judge ordered his immediate release.
Sep 25, 2026Paterson, NJ
An asylum seeker who has lived in the United States since before 2022 was first encountered by Border Patrol on April 4, 2022. He was released on his own recognizance in April 2024 and later obtained work authorization in May 2025, valid until 2030. He has a pending asylum application with a hearing scheduled for April 2028, and has no criminal record. He was detained during what the government called "a targeted enforcement operation in Paterson, NJ," even though he had not violated any conditions of his release. Respondents initially argued a different detention statute applied but later conceded that the statute requiring a bond hearing governed his case. The court found that redetaining him without first giving him a bond hearing violated due process, given his lack of criminal history, valid work permit, and pending asylum case. The judge ordered his immediate release and barred the government from redetaining him unless it proves by clear and convincing evidence at a hearing that he poses a flight risk or danger to the community.
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