Challenging the Trump Administration’s Arbitrary Detention of Asylum Seekers

Screen Shot 2018-03-15 at 7.46.49 PM.pngWashington, D.C. (March 15, 2018) – The American Civil Liberties Union, Center for Gender and Refugee Studies, Human Rights First, and Covington & Burling LLP filed a federal lawsuit today challenging the Trump administration’s arbitrary detention of asylum seekers fleeing persecution, torture, or death in their countries of origin.

All the plaintiffs have passed credible fear screenings — meaning a U.S. asylum officer has determined their fear of persecution is credible, and that they have a significant possibility of receiving full asylum. Government policy stipulates that asylum seekers be granted humanitarian parole as they await their immigration proceedings, provided they meet a series of stringent requirements. Instead, the Trump administration is categorically jailing them indefinitely, in violation of the Constitution, U.S. immigration laws, and the Department of Homeland Security’s own written policy.

“The Trump administration wants to make life so miserable for asylum seekers that they give up and return to their home countries, even at the risk of torture or death,” said Michael Tan, an attorney with the ACLU’s Immigrants’ Rights Project. “The administration is wielding indefinite detention as a weapon to deter future asylum seekers, which is both cruel and unconstitutional.”

The class-action lawsuit targets five U.S. Immigration and Customs Enforcement field offices that have almost entirely stopped granting parole since early 2017. Those offices are Detroit (which covers Michigan and Ohio), El Paso (which covers New Mexico and West Texas), Los Angeles, Newark (which covers New Jersey), and Philadelphia (which covers Pennsylvania).

In 2013, nine out of 10 asylum seekers in the five field offices were found to meet the government’s criteria and were promptly released from immigration custody. In 2017, under the Trump administration, parole grants by the ICE offices named in this ICElawsuit dropped to nearly zero. More than 1,000 asylum seekers are estimated to have been denied parole in those five ICE districts alone.  READ MORE


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