WASHINGTON, DC – Today, attorneys and advocates are calling the government to account for rushing detained Central American children and mothers seeking protection in the United States through the legal processes designed to protect them from danger. The glaring due process violations highlighted in the letter to high-level DHS officials have led to the deportation of many families with valid claims for asylum or other protection under U.S. law.
U.S. District Court Judge Dolly Gee set an October 23 deadline for the federal government to comply with her order regarding the 1997 Flores Settlement Agreement, which sets forth binding standards for the detention and treatment of children in government custody. Since that deadline passed, practitioners and advocates working with detainees in Texas and Pennsylvania have witnessed the implementation of a rapid deportation strategy. The United States has abrogated its legal and moral obligation to give these families a meaningful opportunity to establish their claims for protection before deporting them to face further violence and harm in Central America.
Both U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) have changed their practices to make it harder for vulnerable and traumatized children and their parents to seek protections for which they are eligible under U.S. law. The risk of wrongfully returning someone — especially a child — to the very danger that prompted his or her family’s flight, is real. The Guardian recently reported more than 80 confirmed cases since January 2014 in which Central Americans deported from the U.S. were killed upon return.
Specifically, since October 23, the government has introduced practices that offend fundamental principles of due process and violate the statutory rights of asylum seekers. Among them:
The letter details example after example of parents and children who have been caught up in DHS’s rushed and compassionless processing system. The government must immediately review these cases and ensure that its treatment of parents and children comports with U.S. law and our international treaty obligations. Families seeking asylum and other protection cannot have their due process rights stripped away when the stakes are life and death.
Among the alarming examples in the letter are two that highlight the dire situations to which families are being returned without due process:
Five organizations submitted the letter jointly: the American Immigration Council (Council), the American Immigration Lawyers Association (AILA), Catholic Legal Immigration Network (CLINIC), the Refugee and Immigrant Center for Education and Legal Services (RAICES), and Human Rights First. These organizations provide legal assistance to parents and children held in federal family detention centers and advocate on their behalf.
Press inquiries, please contact:
AILA: Belle Woods, firstname.lastname@example.org, 202-507-7675
Council: Wendy Feliz, email@example.com, 202-507-7524
RAICES: Mohammad Abdollahi, firstname.lastname@example.org, 210-544-7811
CLINIC: Patricia Zapor, email@example.com
Human Rights First: Corinne Duffy, DuffyC@humanrightsfirst.org, 202-370-3319
*Names have been changed to protect clients’ privacy and safety.
Source: Catholic Charities