The American Civil Liberties Union (ACLU) filed a lawsuit against the federal government, charging that authorities often set unreasonable bonds for detained immigrants and asylum seekers, failing to take into account the accuses' financial resources or ability to make payment.

Filed by the ACLU Foundation of Southern California, the class action suit seeks to require the government to now utilize standards similar to those applied in criminal cases when setting bonds in such cases.

"Poverty or lack of financial resources should not deprive a person of his or her freedom while in civil immigration proceedings," said Michael Kaufman, a staff attorney with ACLU SoCal. "Such detention violates the due process and equal protection guarantees of the Fifth Amendment, the Eight Amendment's Excessive Bail Clause and immigration laws."

Those Facing Criminal Charges Have Better Chance of Being Released

At the moment, citizens taken into custody on criminal charges are entitled to bail where a judge takes into consideration such factors as the person's ties to the community, the seriousness of the crime and the individuals' financial circumstances.

In the case of those detained over immigration related issues, neither the U.S. Department of Homeland Security (DHS) nor immigration judges are required to consider a person's financial standing when setting bond for those facing deportation proceedings or seeking asylum.

This remains the case despite the U.S. Department of Justice (DOJ) recently insisting that incarcerating individuals "solely because of their inability to pay for their release" is unconstitutional.

The end result is many immigrants ordered released on bond are being forced to languish in detention centers across the country because they cannot afford the bond prices set for them.

"At a time when state and federal criminal justice systems are moving to reform the fees and financial constraints that unfairly affect low-income individuals, the federal government's immigration detention practices continue to deprive some immigrants of their liberty because they are poor," said Michael Tan, staff attorney with ACLU Immigrants' Rights Projects.

Honduras native Cesar Matias is among those directly challenging the current bond structure. Currently, the 37-year-old is seeking asylum after spending four years locked away in a Santa Ana immigration jail because he is unable to afford his $3,000 bond.

While Matias case stands out based on his actions, he is hardly alone in terms of the hundreds of others like him who also occupy the detention center and have little hope of meeting the bond amounts set for them and being set free.

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