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Immigration authorities settle deportation lawsuit with ACLU Immigration authorities settle deportation lawsuit with ACLU
(about 17 hours later)
Nine Mexican migrants who were voluntarily removed from the US will be allowed to contest their deportations in an American court under an agreement announced this week that may pave the way for more deportees to return.Nine Mexican migrants who were voluntarily removed from the US will be allowed to contest their deportations in an American court under an agreement announced this week that may pave the way for more deportees to return.
The American Civil Liberties Union (ACLU) argued the case on behalf of nine Mexican nationals who alleged that immigration enforcement officers intimidated undocumented migrants to agree to what the lawsuit called “unlawful coerced expulsion”. The ACLU said immigration officials failed to warn migrants facing deportation of the consequences of consenting to voluntary removal. The American Civil Liberties Union (ACLU) argued the case on behalf of nine Mexican nationals who alleged immigration enforcement officers intimidated undocumented migrants to consent to what the lawsuit called “unlawful coerced expulsion”. The ACLU said immigration officials failed to warn migrants facing deportation of the consequences of agreeing to voluntary removal.
When migrants are voluntarily deported they give up the right to fight their expulsions in court and are generally returned to Mexico immediately.When migrants are voluntarily deported they give up the right to fight their expulsions in court and are generally returned to Mexico immediately.
Under the settlement announced on Wednesday, US Immigration and Customs Enforcement (Ice) officers and US Customs and Border Protection (CBP) officers are required to provide detailed information on the voluntary departure process, and are barred from pressuring migrants to accept voluntary departure.Under the settlement announced on Wednesday, US Immigration and Customs Enforcement (Ice) officers and US Customs and Border Protection (CBP) officers are required to provide detailed information on the voluntary departure process, and are barred from pressuring migrants to accept voluntary departure.
Other changes include setting up a hotline that provides information on voluntary removal; permitting migrants to make phone calls; giving them at least two hours to decide if they want to be voluntarily removed; providing them with information on legal services; and allowing lawyers access to their clients in detention. The reforms are effective immediately.Other changes include setting up a hotline that provides information on voluntary removal; permitting migrants to make phone calls; giving them at least two hours to decide if they want to be voluntarily removed; providing them with information on legal services; and allowing lawyers access to their clients in detention. The reforms are effective immediately.
Ice and CBP use voluntary return “as an option for individuals who may request to be returned home in lieu of removal proceedings, but in no case is coercion or deception tolerated”, Ice spokeswoman Virginia Kice said in a statement.Ice and CBP use voluntary return “as an option for individuals who may request to be returned home in lieu of removal proceedings, but in no case is coercion or deception tolerated”, Ice spokeswoman Virginia Kice said in a statement.
Kice said the agencies reached the agreement “to ensure that foreign nationals fully comprehend the potential consequences of returning voluntarily to Mexico”.Kice said the agencies reached the agreement “to ensure that foreign nationals fully comprehend the potential consequences of returning voluntarily to Mexico”.
While the changes apply to the region covered by the San Diego border patrol sector, immigration enforcement officials said they anticipate some reforms will be adopted nationwide.While the changes apply to the region covered by the San Diego border patrol sector, immigration enforcement officials said they anticipate some reforms will be adopted nationwide.
The settlement includes a class provision that would allow certain Mexican nationals who have been expelled from southern California between June 2009 and August 2014 to return to the US and have their cases heard before an immigration judge. This must be approved in court; a preliminary approval hearing is set for early September. The settlement includes a class provision that would allow certain Mexican nationals who have been expelled from southern California between June 2009 and August 2014 to return to the US and have their cases heard before an immigration judge. The class portion of the settlement must be approved in court; preliminary approval was granted on Thursday.
Eligible deportees would likely include California residents with deep family ties to the US as well as young people whose parents brought them to the US illegally as children.Eligible deportees would likely include California residents with deep family ties to the US as well as young people whose parents brought them to the US illegally as children.
It is unclear how many people would be affected under the settlement. A US immigration official said that roughly 30,000 migrants agreed to be voluntarily deported in southern California during the specified time period. The official estimated that among those who fit the criterion, only “a very small fraction” would qualify for relief under the settlement.It is unclear how many people would be affected under the settlement. A US immigration official said that roughly 30,000 migrants agreed to be voluntarily deported in southern California during the specified time period. The official estimated that among those who fit the criterion, only “a very small fraction” would qualify for relief under the settlement.
Sean Riordan, senior staff attorney at the ACLU office in San Diego and Imperial Counties said the number of repatriations could reach from “several hundred people to somewhere in the thousands”. To qualify, the foreigners would have had to be eligible for immigration relief at the time of their expulsion, he said.Sean Riordan, senior staff attorney at the ACLU office in San Diego and Imperial Counties said the number of repatriations could reach from “several hundred people to somewhere in the thousands”. To qualify, the foreigners would have had to be eligible for immigration relief at the time of their expulsion, he said.
Riordan said the settlement would substantially reform immigration enforcement practices by ensuring migrants aren’t unfairly sacrificing their day in court.Riordan said the settlement would substantially reform immigration enforcement practices by ensuring migrants aren’t unfairly sacrificing their day in court.
“If the settlement is implemented fully and in good faith by the government then I think it’s going to be incredibly significant because it will mean that families will no longer be torn apart summarily after a parent or a spouse is arrested by border patrol or Ice,” he said. The settlement allows the ACLU to monitor the immigration enforcement agencies for thee years.“If the settlement is implemented fully and in good faith by the government then I think it’s going to be incredibly significant because it will mean that families will no longer be torn apart summarily after a parent or a spouse is arrested by border patrol or Ice,” he said. The settlement allows the ACLU to monitor the immigration enforcement agencies for thee years.
The National Border Patrol Council was critical of the agreement. Shawn Moran, the group’s vice-president and spokesman, said he’s disappointed that law enforcement agencies caved to special interests groups like the ACLU.The National Border Patrol Council was critical of the agreement. Shawn Moran, the group’s vice-president and spokesman, said he’s disappointed that law enforcement agencies caved to special interests groups like the ACLU.
Moran said the lawsuit made a big fuss over a process that helped alleviate pressure on immigration courts. In his opinion, the lawsuit made a big fuss over a process that helped alleviate pressure on immigration courts.
“If everybody who was caught on the Mexican border started requesting to see an immigration judge, you would see a crisis like we’re seeing in south Texas right now,” he said.“If everybody who was caught on the Mexican border started requesting to see an immigration judge, you would see a crisis like we’re seeing in south Texas right now,” he said.
Among the migrants represented in the lawsuit was a father, Gerardo Hernandez Contreras of San Diego, who said he was pressured into signing a voluntary return form after he was pulled over while driving to pick up ice cream for his son. According to court documents, the immigration officer told him that voluntary departure was his best option, and that his wife could easily petition for his return. He’s been living in Tijuana since 2012.Among the migrants represented in the lawsuit was a father, Gerardo Hernandez Contreras of San Diego, who said he was pressured into signing a voluntary return form after he was pulled over while driving to pick up ice cream for his son. According to court documents, the immigration officer told him that voluntary departure was his best option, and that his wife could easily petition for his return. He’s been living in Tijuana since 2012.
Another woman, a grandmother with US citizen children who had lived in the US for three decades, was arrested while waiting at a bus stop. Ana Maria Dueñas said she was taken to a nearby border patrol station and given a form with the “voluntary return” box already ticked. She said the agent threatened that she would be detained for at least two months if she did not sign.Another woman, a grandmother with US citizen children who had lived in the US for three decades, was arrested while waiting at a bus stop. Ana Maria Dueñas said she was taken to a nearby border patrol station and given a form with the “voluntary return” box already ticked. She said the agent threatened that she would be detained for at least two months if she did not sign.
Riordan said most of the nine plaintiffs have already been allowed to return to the US and the others should arrive shortly. He said they have all been issued notices to appear for removal proceedings.Riordan said most of the nine plaintiffs have already been allowed to return to the US and the others should arrive shortly. He said they have all been issued notices to appear for removal proceedings.