ACLU, NLG Sue To Open Deportation Records

The American Civil Liberties Union and the National Lawyers Guild’s National Immigration Project have filed a federal lawsuit to open deportation records for thousands of immigrants. The lawsuit claims that up to one-third of deported immigrants are denied their right to due process. The groups call the process of sending these immigrants back to their own countries without a judicial hearing “secretive” and “unjust.”

Deportation Lawsuit Affects Thousands

The deportation lawsuit targets records regarding federal actions that “summarily reinstat(e) prior orders of removal, deportation and exclusion” of undocumented immigrants. Immigrants in a typical deportation case are allowed to have an immigration judge hear their cases. These immigrants can also file an appeal with the Board of Immigration Appeals. However, immigrants who have been deported and returned to the U.S. illegally are subject to summary deportation without a hearing.

Deportation Lawsuit Seeks Records

Federal records showed that U.S. Immigrations and Customs Enforcement issued more than 170,000 orders for reinstatement of deportation orders in 2013. The ACLU/NLG deportation lawsuit claims that the agency has not opened their records to show the reasons for the reinstatement of those orders. The deportation lawsuit alleges that many of these immigrants are deported without regard to their legal status or their potential to come to harm when they return to their homelands.

Deportation Orders Could Target Refugees

A major component of the ACLU/NLF deportation lawsuit stems from what they see as a disregard for the due process of law by immigration authorities. The deportation lawsuit cites that the reinstatement process could unwittingly send “individuals fleeing persecution, longtime U.S. residents, individuals with bonafide citizenship claims, and others with…rights to be in the United States” back to their home countries. The suit claims that open records could show how flaws in the process could deny immigrants with legitimate claims their right to a judicial hearing.

Deportation Lawsuit Cites “Secretive” Orders

The deportation lawsuit also claims that the ICE and the U.S. Department of Homeland Security have failed to reveal the mechanics of the reinstatement process. The suit calls the process “secretive” and that those who would work with immigrants on reinstatement cases “know far too little” about the process. The deportation lawsuit cites that the agencies “have failed to disclose basic information” about the immigrants subject to reinstatement, including “whether they reported a fear of persecution” upon their return.

Feds Dispute Deportation Lawsuit

The plaintiffs in the deportation lawsuit stated that the federal agencies failed to answer their queries for records regarding reinstatement orders. A spokesperson for the Department of Homeland Security told reporters that reinstatement orders typically applied against an immigrant who had been deported previously and had once again entered the country illegally. The spokesperson did not comment on the deportation lawsuit directly, but did mention a department memo that allowed prosecutors to exercise their discretion according to the circumstances of each case.

Source: Courthouse News

Get Answers For Your Deportation Lawsuit Questions

To find out how we can answer your questions about your deportation lawsuit, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to an attorney who understands deportation lawsuits and how one can affect your immigration status. You can also fill out the “Free Case Evaluation” form at the top of this page.