Groups Sue U.S. Government over Life-Threatening Deportation Process Against Mothers and Children Escaping Extreme Violence in Central America
Washington D.C. — The American Immigration Council, American Civil Liberties Union National Immigration Project of the National Lawyers Guild, and National Immigration Law Center today sued the federal government to challenge its policies denying a fair deportation process to mothers and children who have fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety.
The groups filed the case on behalf of mothers and children locked up at an isolated detention center in Artesia, New Mexico — hours from the nearest major metropolitan area. The complaint charges the Obama administration with enacting a new strong-arm policy to ensure rapid deportations by holding these mothers and their children to a nearly insurmountable and erroneous standard to prove their asylum claims, and by placing countless hurdles in front of them.
“These mothers and their children have sought refuge in the United States after fleeing for their lives from threats of death and violence in their home countries,” said Cecillia Wang, director of the ACLU’s Immigrants’ Rights Project. “U.S. law guarantees them a fair opportunity to seek asylum. Yet, the government’s policy violates that basic law and core American values — we do not send people who are seeking asylum back into harm’s way. We should not sacrifice fairness for speed in life-or-death situations.”
According to the complaint, the Obama administration is violating long-established constitutional and statutory law by enacting policies that have:
• Categorically prejudged asylum cases with a “detain-and-deport” policy, regardless of individual circumstances.
• Drastically restricted communication with the outside world for the women and children held at the remote detention center, including communication with attorneys. If women got to make phone calls at all, they were cut off after three minutes when consulting with their attorneys. This makes it impossible to prepare for a hearing or get legal help.
• Given virtually no notice to detainees of critically important interviews used to determine the outcome of asylum requests. Mothers have no time to prepare, are rushed through their interviews, are cut off by officials throughout the process, and are forced to answer traumatic questions, including detailing instances of rape, while their children are listening.
• Led to the intimidation and coercion of the women and children by immigration officers, including being screamed at for wanting to see a lawyer.
“Fast-tracking the deportations of women and children from immigration detention is an assault on due process. There is no way that justice can be served when so many people are being rushed through the system without any real opportunity to assert claims for relief. What we are seeing in Artesia is nothing less than a sham process that values expediency over justice,” said Melissa Crow, legal director of the American Immigration Council.
The lawsuit, M.S.P.C. v. Johnson, was filed in the U.S. District Court for the District of Columbia. Co-counsel in this case includes the law firms of Jenner & Block, and Van Der Hout, Brigagliano & Nightingale, LLP; and the ACLU of New Mexico, ACLU of San Diego & Imperial Counties, and ACLU of the Nation’s Capital.
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