The District Court for the Western District of Washington has ordered that the Department of Justice provide all detainees who have received a positive credible fear determination with bond hearings within 7 days of a request made by such a detainee. If detention exceeds that time limit, the detainee must be released. The Department of Homeland Security will have the burden to prove that the asylum seeker is a danger to the community or a flight risk in these bond proceedings. The order requires the Department of Justice to implement the injunction within 30 days.

Importantly, this order includes asylum seekers who have been classified as arriving aliens.

The full text of Padilla v. ICE can be found here: