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Attorney General William Barr. Photo: Mandel Ngan/AFP/Getty Images

The Justice Department issued an order on Tuesday that would prevent immigration judges from granting bail to thousands of migrants seeking asylum, making them wait in jail until their cases are resolved.

Why it matters: The order, issued by Attorney General William Barr, comes as detention centers are overcrowded, and aligns with President Trump's vow to end "catch and release" at the southern border. This policy is almost certain to be challenged in court. An immigration lawyer told Axios it represents an effort by the administration to get the Supreme Court to establish what rights migrants who cross the border actually have.

"This is the Trump administration’s latest assault on people fleeing persecution and seeking refuge in the United States. Our Constitution does not allow the government to lock up asylum seekers without basic due process. We'll see the administration in court."
— Omar Jadwat, director of the ACLU’s Immigrants’ Rights Project

Details: The order will go into effect in 90 days, so the Department of Homeland Security "may conduct the necessary operational planning," Barr wrote.

  • The ruling does not apply to migrants seeking asylum at ports of entry along the border who must be granted “parole” in the U.S. and are not eligible for bond hearings. It only affects those who have been apprehended after crossing into the country illegally.

Per the New York Times, it will not apply to unaccompanied children or families that illegally crossed the border.

  • "A longstanding settlement in a previous court case says that the government cannot detain children or families for longer than 20 days. But immigrant rights lawyers said that Mr. Barr’s order — if it goes into effect — could set a precedent that the government could use to deny bond hearings, and bail, for an even broader number of immigrants," the Times notes.

Go deeper: How the U.S. asylum process works

Go deeper

The new Washington

Illustration: Sarah Grillo/Axios

The Axios subject-matter experts brief you on the incoming administration's plans and team.

Rep. Lou Correa tests positive for COVID-19

Lou Correa. Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images

Rep. Lou Correa (D-Calif.) announced on Saturday that he has tested positive for the coronavirus.

Why it matters: Correa is the latest Democratic lawmaker to share his positive test results after last week's deadly Capitol riot. Correa did not shelter in the designated safe zone with his congressional colleagues during the siege, per a spokesperson, instead staying outside to help Capitol Police.

Far-right figure "Baked Alaska" arrested for involvement in Capitol siege

Photo: Shay Horse/NurPhoto via Getty Images

The FBI arrested far-right media figure Tim Gionet, known as "Baked Alaska," on Saturday for his involvement in last week's Capitol riot, according to a statement of facts filed in the U.S. District Court in the District of Columbia.

The state of play: Gionet was arrested in Houston on charges related to disorderly or disruptive conduct on the Capitol grounds or in any of the Capitol buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session, per AP.