DETROIT — In a landmark decision, a federal judge in Michigan has ordered Immigration and Customs Enforcement (ICE) to grant a bond hearing to Jose Contreras-Cervantes, a 33-year-old cancer patient facing deportation, after he spent weeks in custody without adequate medical treatment. The ruling represents a significant win not just for Contreras but also for the other seven plaintiffs whose rights were similarly challenged under current U.S. immigration policies.
Represented by the American Civil Liberties Union (ACLU) of Michigan, Contreras, who is suffering from chronic myeloid leukemia, had been detained since an August traffic stop. His legal team argued that the refusal of bond hearings violates due process rights as many immigrants are held without consideration of their individual circumstances.
U.S. District Judge Brandy McMillion emphasized that immigrants should not be subjected to prolonged detention without an individualized assessment of their danger to society or risk of flight. The judge ordered bond hearings to be held within seven days, marking a potential turning point for others in similar situations.
Contreras’s journey to detainment began when he, a long-term resident of the U.S. originally from Jalisco, Mexico, was arrested and subsequently transferred between facilities where he reportedly did not receive his medication for 22 days. His wife, Lupita Contreras, a U.S. citizen, has expressed her concerns regarding his health deteriorating in the detention center.
In their defense, the U.S. Justice Department maintained that the case should have been filed in an immigration appeals board rather than federal court, although it remains unclear if they will appeal the judge's ruling. Meanwhile, ACLU advocacy continues to criticize policies that deny immigrants access to bond hearings, arguing that they disproportionately affect vulnerable populations.
