Court Rules Feds Can't Hold Immigrant Minors on Gang Allegations Without Access to a Judge

Court Rules Feds Can't Hold Immigrant Minors on Gang Allegations Without Access to a Judge

The American Civil Liberties Union Foundation of Northern California, the University of California Immigration Law Clinic, and other groups recently filed a lawsuit on behalf of a group of undocumented Central American teenagers who crossed the border alone and are being detained on allegations of criminal gang activity. The lawsuit, which was filed in the U.S. District Court for the Northern District of California, alleges that the government is violating the rights of the teenagers, who are being held in high-security immigration detention in Yolo County. The federal court issued a preliminary injunction in the case, ruling that the children must be given access to a hearing in front of a judge and other due process protections if the government wishes to keep them incarcerated. The Injunction covers not only the named teenagers, but also immigrant children nationwide who are in similar circumstances. The government now must give children already in custody an immediate hearing, and provide hearings within seven days of detention in the future. Shortly after the injunction was issued, the first teenager had a hearing after five months of incarceration; he was released to his mother and brother after the judge ruled that the evidence was insufficient to keep him detained. Various law enforcement agencies nationwide conducted June raids in which they arrested 39 suspected MS-13 gang members as part of Operation Matador. These Central American teenagers were arrested as part of that operation. The ACLU claims that these teenagers were swept up in the larger enforcement action with little evidence that connected them to the gang. MS-13 is a Central American group known for its violence and suspected of involvement in several brutal murders in New York state. It is our goal to provide you both with the legal representation that you need, as well as practical tips for living in the United States. No matter your situation or what your needs may be, we devote all of our efforts to advocating on behalf of you and your family before the immigration court. Don’t hesitate to contact the Bay Area immigration lawyers of Landerholm Immigration, A.P.C., and set up your legal consultation today. We are here to help.
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