Friday, August 1, 2014

Civil Rights Groups Ask Federal Court to Enjoin Deportation Hearings for Children Without Legal Representation

The American Immigration Council, American Civil Liberties Union, Northwest Immigrant Rights Project, Public Counsel, and K&L Gates LLP have asked a federal court to immediately block the government from pursuing deportation proceedings against several children unless it ensures those youth have legal representation. The move comes as immigration courts are speeding up deportation hearings against children in an expedited process sometimes referred to as a "rocket docket."

The groups filed a lawsuit last month on behalf of thousands of children challenging the federal government's failure to provide them with lawyers in their deportation hearings. The preliminary injunction motion filed late last night specifically asks that the fast-approaching deportation proceedings for several of the named plaintiffs be forestalled until those children are provided with attorneys. The groups also asked the court to hear their motion for class certification as soon as possible, so that other unrepresented children may be protected as well.

The lawsuit, J.E.F.M. v. Holder, was filed in U.S. District Court in Seattle, Wash. It charges the U.S. Department of Justice, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Department of Health and Human Services, Executive Office for Immigration Review, and Office of Refugee Resettlement with violating the U.S. Constitution's Fifth Amendment Due Process Clause and the Immigration and Nationality Act's provisions requiring a "full and fair hearing" before an immigration judge.

Talia Inlender, staff attorney with Public Counsel, a not-for-profit law firm that works with immigrant children, said, "These children, like so many others who contact our office each day, live in fear of being sent back to the violent countries they fled but have no idea how to defend themselves in a courtroom. The government’s rush to deport these children who stand alone and voiceless in court violates our laws and undermines our values as a nation."

The preliminary injunction motion is available here.

KJ

http://lawprofessors.typepad.com/immigration/2014/08/civil-rights-groups-ask-federal-court-to-enjoin-deportation-hearings-for-children-without-legal-repr.html

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