Washington, D.C, October 4 — Advocacy teams the American Immigration Council and the Nationwide Immigrant Justice Middle (NIJC) filed an emergency movement on October 4, in search of to implement a 2021 court docket ruling (within the Garcia Ramirez v. ICE case) that forestalls ICE from illegally locking up unaccompanied immigrant kids in grownup detention facilities as soon as they flip 18.
Learn the submitting right here.
10/4 replace: The court docket granted the emergency movement, learn the submitting right here.
The Council and NIJC filed the movement after a number of documented circumstances emerged during which ICE resumed its apply of in search of to switch immigrant kids who entered the U.S. alone into grownup detention amenities as soon as they turned 18, in violation of the everlasting injunction within the Garcia Ramirez case.
“The everlasting injunction made clear that ICE can not robotically switch younger folks to grownup detention facilities just because they’ve turned 18,” stated Michelle Lapointe, authorized director on the American Immigration Council. “Locking up these younger folks in ICE jails rife with overcrowding and dangerous circumstances, and much from their help programs, does nothing to make our communities safer, it solely inflicts extra hurt on weak youth.”
When kids underneath 18 enter the US alone, they’re positioned in shelters run by the Workplace of Refugee Resettlement (ORR) and are typically launched to members of the family or different vetted sponsors within the U.S., to not ICE detention facilities. These insurance policies acknowledge that kids want care and help, not punishment.
Beneath the Garcia Ramirez court docket ruling that resulted from yearslong litigation by the NIJC and the Council and a prolonged bench trial, as soon as these youths flip 18, ICE should contemplate placement within the least restrictive setting, like an alternative-to-detention program, moderately than throwing them into immigration detention.
“ICE’s try to increase the detention of immigrant youth is a direct violation of the courts, which explicitly requires the company to think about secure, much less restrictive alternate options to detention,” stated Mark Fleming, affiliate director of litigation on the Nationwide Immigrant Justice Middle. “We won’t permit the federal government to show again the clock and return to a apply that the courts have already discovered illegal.”
The variety of folks in immigration detention has reached report highs, fueling overcrowding and abusive circumstances. The Trump administration is weaponizing the specter of extended confinement in these harmful amenities to coerce folks into giving up their authorized rights and accepting deportation. This strain marketing campaign is being strengthened by new insurance policies resembling a program providing monetary funds to unaccompanied youths if they comply with go away the nation.
“The legislation is evident: ICE should use secure, much less restrictive alternate options, not default to jailing younger folks indefinitely,” stated Marie Silver, managing legal professional for NIJC’s Immigrant Kids’s Safety Venture. “These youngsters got here right here in search of security and hope. They deserve an opportunity to be free and reunify with household and neighborhood members, attend faculty, and work with their attorneys to have their day in court docket. Trapping them in harmful and degrading circumstances in immigration detention is compounding their trauma in a merciless and pointless means.”
Learn the submitting right here.
10/4 replace: The court docket granted the emergency movement, learn the submitting right here.
