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The Burden of Proof in Immigration Bond Decisions: An Impact Study of Brito v. Barr
Published online by Cambridge University Press: 24 April 2025
Abstract
Detained individuals subject to deportation have the right to a bond hearing in immigration court similar to that of detained individuals accused of a crime. Unlike criminal law, immigration law places the burden of proof on detained people rather than the government. We analyze the impact of a federal court decision that shifted the burden of proof to the government via a synthetic control study and a qualitative research design grounded in a new theoretical analysis of immigration courts that focuses on judicial decision-making and prosecutorial discretion. The evidence suggests significant limits on the federal courts’ ability to change bond outcomes merely through changing the burden of proof.
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- © The Author(s), 2025. Published by Cambridge University Press on behalf of the Law and Courts Organized Section of the American Political Science Association