Washington, DC, October 4 – The advocacy group, the U.S. Immigration Council and the National Center for Immigration Justice (NIJC), filed an emergency motion on October 4, sought to enforce the 2021 court ruling (Garcia Ramirez v. Ice Case).
The Council and the NIJC filed a motion after the reopening of the practice of requiring the transfer of immigrant children who would only enter the United States when they turn 18, to adult detention facilities, after the ice turned 18.
“The permanent injunction revealed that ICE could not automatically transfer young people to adult detention centers just because they are 18,” said Michelle Lapointe, legal director of the American Council for Immigration. “When you lock these young people in ice prisons, you get caught up in overcrowding and dangerous situations, and are far from their support systems, and you do nothing to make your community safer.
When children under the age of 18 enter the United States only, they are placed in shelters run by the Refugee Resettlement Service (ORR) and are generally released to other vetted sponsors in the United States rather than ice detention centers. These policies recognize that children need care and support, not punishment.
Under the ruling of the Court of Garcia Ramirez, which stems from a long-standing lawsuit by the NIJC and the Council and the long-standing Bench trial, when these young people turn 18, ICE should consider placement in the least restrictive setting, like an alternative modest program.
“An attempt to expand the detention of ICE’s youth immigrants is a direct violation of the courts, which explicitly requires consideration of safe and less restrictive alternatives to detention.” “We do not allow the government to turn the clock back and return to practices that the courts have already deemed illegal.”
The number of people in immigrant detention has reached record highs, spurring overcrowding and abusive situations. The Trump administration has forced people to force them to waive their legal rights and accept deportation from the threat of long-term confinement at these dangerous facilities. The pressure campaign is being strengthened by new policies, such as a program that will provide financial payments to unaccompanied youth if they agree to leave the company.
“The law is clear. ICE should use safe and less restrictive alternatives rather than indefinitely jailing young people,” said Marie Silver, attorney for the NIJC’s Immigrant Child Protection Project. “These children came here for safety and hope, they deserve the opportunity to be free, reunion with their families and members of the community, and work with their lawyers to spend the day in court.
