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Immigrants Must See a Judge in 10 Days 12/01 06:19
NEW YORK (AP) -- Newly detained immigrants must appear before a judge within
10 days, rather than the weeks or months they've sometimes had to endure in
recent years, a judge said Monday.
Civil rights groups praised the ruling by U.S. District Judge Alison J.
Nathan as the first of its kind in the nation to set such a rule for the U.S.
Immigrations and Customs Enforcement agency.
They said in a release that the ruling would strike a blow to federal
immigration authorities who hold detained immigrants indefinitely before they
appear before a judge.
The judge said a law authorizing the detention of immigrants while removal
proceedings are pending "does not negate class members' interests --- of the
utmost importance --- in freedom from imprisonment."
"Class members may not have a 'fundamental right to be released during
removal proceedings,' but nor does the Government have an unfettered right to
detain them," she added.
In 2014, the average wait to see a judge was 11 days, but it had stretched
to over a month in 2017 and nearly three months in 2018, according to the
judge's ruling.
Messages for comment was sent to the Justice Department, which represented
the agency in court, and ICE, which falls under the Department of Homeland
Security.
"A few weeks or months of sitting in inhumane ICE detention facilities can
be dangerous and devastating for individuals and their families," said Niji
Jain, an attorney at The Bronx Defenders. "The Court's ruling recognizes that
prompt access to an immigration judge is a fundamental right --- one that is
all the more important when detention facilities are hotbeds for the spread of
COVID-19."
"Locking people up for months before they first see a judge during
immigration proceedings is unjust and unlawful, and it does immense harm to
immigrant families," said Bobby Hodgson, staff attorney at the New York Civil
Liberties Union.
Class member Shemar Michel said ICE officers told him he'd be home by dinner
time when they picked him up as he prepared his children for school. He said he
didn't see a judge for six weeks.
"During that time, I was mentally shattered, I missed my son's second
birthday, and I felt like I had no chance to fight my case. I told the ICE
officers I would rather buy my own plane ticket home than stay in ICE detention
any longer," he said. "I hope the judge's ruling ensures nobody will have to go
through what I went through."
The civil rights groups said in their release that many individuals held for
months were entitled to release. They said about 40% of them were eventually
released on bond. Others, they added, were U.S. citizens or lawful permanent
residents.
The groups said the average petitioners have lived in the United States for
16 years and nearly a third are lawful permanent residents.
The judge granted class action status to a lawsuit by civil rights groups
filed two years ago in Manhattan federal court. She noted that the federal
government had never filed arguments opposing the designation.
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