ACLU Sues Feds About Initial Hearings for Detained Immigrants

ACLU Sues Feds About Initial Hearings for Detained Immigrants

According to the American Civil Liberties Union (ACLU), federal authorities are holding immigrants in detention for months at a time before ever having an initial court appearance. ACLU attorneys filed a lawsuit in the federal court in San Diego on behalf of three Mexican immigrants whom immigration authorities have been holding at a San Diego immigration center. However, the ACLU is seeking to represent all people held by immigration authorities along the California-Mexico border for more than 48 hours, alleging that the delays are excessive and a violation of these individuals’ constitutional rights. The U.S. Department of Homeland Security and the Executive Office for Immigration Review both declined to comment on the pending lawsuit. This lawsuit comes on the heels of the Trump administration’s vow to significantly increase border and immigration enforcement. The subject of the suit is indicative of the already-stretched resources of the immigration detention system, and unless Congress appropriates more money to the system, it is not likely to improve. Previous lawsuits dealt with extended periods of detention for immigrants awaiting removal proceedings or decisions of the immigration court. With the current backlogs in the immigration court system, detained immigrants often wait months, if not years, for the outcomes of their deportation proceedings. This lawsuit focuses solely on the initial hearing, which the ACLU alleges is central to the concept of due process. In this manner, detaining immigrants for one to three months, which is average for San Diego and Imperial counties, renders the initial hearing meaningless. Due to the substantial delays, detained immigrants may not even be fully aware of the federal government’s allegations against them that could lead to removal. Given the crucial outcome of deportation proceedings, due process is simply a necessity. If ICE has detained a loved one, contacting an experienced California immigration attorney as quickly as possible can be essential securing his or her release and fighting deportation. Taking steps to get your loved one released from detention at the outset is often much simpler than waiting until the last minute and attempting to remedy the situation. Call Landerholm Immigration, A.P.C., at (510) 756-4468 today, and learn what we can do to help you through this ordeal.
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