Off the Kuff Rotating Header Image

No indefinite detention of asylum seekers

That title is one of those things I can’t believe I have to write.

A federal district judge has ruled President Donald Trump’s administration’s practice of indefinitely detaining some asylum seekers can’t proceed, dealing a major blow to what immigration attorneys have said is one of the administration’s tools to deter people from seeking safe haven in this country.

The lawsuit was filed in March by the American Civil Liberties Union and named as a defendant the El Paso Immigration and Customs Enforcement (ICE) field office. Other field offices named in the lawsuit include Detroit, Los Angeles, Newark and Philadelphia. The El Paso office covers West Texas and New Mexico.

The ACLU alleged in the lawsuit that the plaintiffs passed their initial “credible fear” exams – the first step in the asylum process to determine if an applicant has a legitimate case. But despite having sponsors willing to provide housing in the United States, the federal government has continued to hold them instead of granting them parole.

[…]

In his Monday ruling, U.S. District Judge James E. Boasberg granted a preliminary injunction preventing the federal government from denying parole to any provisional class members that are a party to the lawsuit. The lawsuit defines them as “asylum seekers who traveled to the United States, were found to have a credible fear of persecution, and were referred for immigration proceedings to decide their asylum claims.” The exception applies to people who pose a flight risk or a danger to the community.

A statement from the ACLU is here, and the preliminary injunction orders are here and here. Just as a reminder, these are people who came to official ports of entry to seek asylum, which they have the legal right to do. And while you ponder that, keep in mind that the Trump administration has no clue and no plan for reuniting the children they stole from their parents. Happy Independence Day!

Related Posts:

17 Comments

  1. Manny Barrera says:

    This one issue will keep the face of the heartless Trump cult in the public. This one issue will motive registered TexMex folks to vote. Those children look like my children looked at that age, my grandchildren, and myself. Those could be us being taken from our parents, they did that to Native American tribes up until the 1970s.

    If one is not against Trump then they are caging children, for forcefully drugging them, assaulting them, and what ever other mean evil things that they have done or are doing to those children.

  2. Manny Barrera says:

    This is how they are treating the mothers, https://www.cnn.com/2018/07/03/us/detention-center-letters-grassroots-leadership/index.html

    What are they doing to the babies? One was denied treatment for a medical condition by the foster parents, if those are regulated sites what are they doing to them inside the cages.

  3. C.I. says:

    Domestic and gang violence not perpuated by a state actor does not automatically grant asylum and parole as the communists of the United States would have you believe

  4. Manny Barrera says:

    C.I. you are a heartless piece of dung.

    Putin has his hand so far up Trump’s ass that when he moves his fingers, Trump’s mouth moves.

    The question is whose hand is so far up your behind?

    Communist? Puts you as and old fart, Trump and Russia working together, you are part of that team idiot.

    The only unpatriotic American are dungs like you.

  5. Manny Barrera says:

    They are not civil, one can’t play by the they go low we go high. We go lower, energize the base don’t look like weaklings, that is what they have been doing for at least 20 years. If you lose the fight it does not matter if you took the high road.

    Women rights and LGBT rights will be first to go (By Court), one could add affirmative action. Civil rights are written so they come after, if they get to elect more of the type of dungs like them.

    Never let stupid ignorant message like the dung C.I. go unanswered. If they lie, lie also, the Democrats are smarter that is why they refer to them as elite.

  6. Manny Barrera says:

    Civil Rights were not won only with peaceful protests, go back and read the history of that era. Ghandi was given a lot of credit, but there were the Malcolms in India.

    http://theconversation.com/the-forgotten-violence-that-helped-india-break-free-from-colonial-rule-57904

    I am not advocating violence because dungs like C.I. are a small minority, it should not come to that. When there is potential for violence the far right, can’t get people there in sufficient numbers.

    http://www.latimes.com/local/california/la-me-bay-area-protests-updates-htmlstory.html

  7. Mark Kerrissey says:

    passed their initial “credible fear” exams

    Get ready. AG Session is already one step ahead. He is hiring new Sessionist employees to administer the exam. Also, he is ruling out domestic abuse and gang violence as reasons. Due process does not kick in until you pass the “credible fears” exam.

  8. Bill Daniels says:

    @Mark,

    These are economic refugees. If these central American folks were fleeing institutionalized persecution and oppression, like the Yazidi people in Iraq and Syria, or, say, the white farmers in South Africa, then we should be more willing to help them.

    As ECONOMIC migrants, they don’t deserve the very special dispensation we give to people fleeing honest-to-God persecution.

    If these Central American were truly fleeing institutionalized oppression and threat of death, then why haven’t they petitioned the Mexican government for asylum? First safe country, right, isn’t that the international protocol for this sort of thing?

    I don’t blame these economic migrants from trying to talk their way in, but I do blame us for not pushing back harder on this. Take this whole thing to it’s logical conclusion. What prevents EVERY economic migrant from just showing up with the magic password, “asylum?” If we open the borders, there won’t BE anyone left in Central America, Mexico, or anywhere else in the third world. Look at what AMLO told the Mexicans. He flat out told their poor to pull up stakes and move to the US. He didn’t indicate they were persecuted, he just indicated that they should invade the US. This is why we can’t have open borders. It would be a mass exodus that would sink us AND their home countries.

    I’m extremely upset at Sleepy Jeff Sessions, but kudos to him for at least getting off the fainting couch for a few minutes to try and staunch the flow of economic migrants.

    As to the ‘credible fear’ exam: many of these people have had coaching on how to pass, why shouldn’t we have people trained to identify liars hoping to take advantage of our generosity?

  9. C.L. says:

    I’m with Bill, as much as much it pains me to say it. Let’s say I live in Nicaragua and am being harassed daily by crime and gangs. To the south of me lies Costa Rica and Panama, then Colombia. Beautiful places, but nope, I flee north, passing through/by Guatemala, Honduras, San Salvador, Belize, and a thousand miles worth of Mexico. Could I assimilate into one of those cultures/countries relatively easily ? Sure, but no, I keep heading north to the US… predominately/purely for economic reasons.

  10. mollusk says:

    My grandparents were unaccompanied, minor, economic immigrants (as was Grampa Trump). The borders were pretty much open then, but Poland and Italy and Russia and Ireland and the s***hole countries of the time did not empty out – though they did lose people who wanted better lives for themselves and (more importantly) their children. My dad was the first in the family to graduate from high school, much less go to college (via ROTC). Pretty much everyone in my generation of the family graduated from college; some of us have graduate degrees (via government guaranteed, subsidized student loans and grants). We all have good jobs – shoot, some of us are even employers. None of us are gang members or drug lords.

    Those of you who want to dehumanize these people – what on earth are you REALLY scared of? That someone who started with less, and who doesn’t look like you, will show you up?

    Happy Fourth.

  11. Manny Barrera says:

    Those that want them to flee elsewhere, need to consider how this country has been involved in the destruction of almost all Central American countries, and have been involved in almost all military takeovers of elected governments. We broke we owe it.

    If you were not reading disabled you would understand how we, via the CIA are to blame.

    https://www.liberationnews.org/10-07-10-documents-prove-us-government-html/

    https://www.telesurtv.net/english/analysis/10-of-the-Most-Lethal-CIA-Interventions-in-Latin-America-20160608-0031.html

    I read books, those articles are easy to find, because I know about them. That is how they control you imbeciles you choose to remain ignorant.

    How we doing in Iraq, have we found any WMD yet?

  12. Manny Barrera says:

    elected governments in South America

  13. Manny Barrera says:

    But if you don’t want to read books, how about this, only two pages

    https://www.umbc.edu/che/tahlessons/pdf/historylabs/Guatemalan_Coup_student:RS01.pdf

  14. Manny Barrera says:

    I won’t even go into how much we have been involved in Mexican politics.

  15. Jules says:

    Bill, that’s not what AMLO said. Turn off the FOX news and learn something true. And you have no generosity.

  16. Manny Barrera says:

    Bill and C.L. did you know that the war we started in Guatemala lasted over 30 years and about 10% of the population was killed, over bananas. Many of those seeking asylum are from Guatemala or El Salvador another country we are responsible for. Where we lost,Nicaragua, they don’t come here to often. Well the Contras that we trained. We are still trying regime change there. China has started investing there and we don’t like it. If both of you are too lazy to read, watch the movie, “American Made” gives you and idea of what we have been doing since the 70s.

    What did Russians did to us is what we have been doing to other countries to get “Our” people elected. We own them, Russia owns Trump.

  17. Manny Barrera says:

    What the Russians did …