Systemic Challenge to Policies at Artesia

Systemic Challenge to Policies at Artesia

M.S.P.C. v. Johnson, No. 1:14-cv-01437-ABJ (D.D.C. voluntarily dismissed Jan. 30, 2015)

STATUS:
Closed

The American Immigration Council, in collaboration with the American Civil Liberties Union, the National Immigration Project of the National Lawyers Guild, the National Immigration Law Center, Van Der Hout Brigagliano & Nightingale LLP, and Jenner & Block, filed this lawsuit in the federal district court for the District of Columbia.  The case was a systemic challenge to the policies denying a fair deportation process to mothers and children detained in the Artesia Family Residential Center who had fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety.

According to the complaint, the Obama administration violated long-established constitutional and statutory law by enacting policies that:

  • 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.
  • Gave virtually no notice to detainees of critically important interviews used to determine the outcome of asylum requests.
  • Led to the intimidation and coercion of the women and children by immigration officers.

Follow this case:

  • November 1, 2015
    This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all “arriving aliens” from adjusting status if they are in removal proceedings. This Advisory provides a brief history leading to the rule, defines key terms, discusses the impact of the rule, and suggests steps that a parolee can take to benefit from the rule.
  • June 12, 2012
    This Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process.
  • November 1, 2015
    This Practice Advisory discusses the impact of an interim rule repealing two former regulations which barred all “arriving aliens” from adjusting status if they are in removal proceedings. This Advisory provides a brief history leading to the rule, defines key terms, discusses the impact of the rule, and suggests steps that a parolee can take to benefit from the rule.
  • June 12, 2012
    This Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process.
  • American Immigration Council and AILA’s Connecticut chapter initially sought records related to CAP through a FOIA request to ICE in December 2011. When ICE refused to release records responsive to the request, Plaintiffs filed suit under FOIA for declaratory and injunctive relief to compel the disclosure and release of agency records improperly withheld by DHS and its component ICE
  • On August 22, 2014, the American Immigration Council, in collaboration with the American Civil Liberties Union, the National Immigration Project of the National Lawyers Guild, the National Immigration Law Center, Van Der Hout Brigagliano & Nightingale LLP, and Jenner & Block, filed this lawsuit in the federal district court for the District of Columbia. The case was a systemic challenge to the policies denying a fair deportation process to mothers and children detained in the Artesia Family Residential Center who had fled extreme violence, death threats, rape, and persecution in Central America and come to the United States seeking safety.
February 9, 2015

The New York Times details the government’s dangerous and expanding practice of detaining women and children who have recently crossed our southwest border in the magazine’s cover story this...

January 30, 2015

When the family detention center in Artesia, New Mexico, was hastily propped up by the U.S. government in order to detain and rapidly process women and children for deportation, immigration rights...

October 2, 2014

By Dree Collopy, partner at Benach Ragland LLP. The inhumanity of family detention and the danger of short-changing basic due process protections are on full display in the detention center in...

August 27, 2014

The lawsuit filed last week by the American Immigration Council, the ACLU, the National Immigration Project, and the National Immigration Law Center challenging government deportation policies at...

August 22, 2014

As families from Central America flee violence and persecution to seek refuge in the United States, hundreds of mothers and their children apprehended after crossing the border have been locked up...

August 18, 2014

One of the hundreds of children being held at an immigration detention facility in, New Mexico, was released last week when officials realized the 11-year-old boy was a U.S. citizen. According to...

August 6, 2014

By Megan Jordi, legal director at the New Mexico Immigrant Law Center. The rule of law is only a mirage in the remote, dusty town of Artesia, New Mexico, where the Department of Homeland Security...

July 29, 2014

In the last week before the August recess, House and Senate members are trying to finalize vastly different bills that would provide additional funding to address the government agency needs...

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