Christina Spicer  |  September 2, 2014

Category: Consumer News

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Immigration class action settlementLast week, the American Civil Liberties Union (ACLU) announced that the U.S. government agreed to new deportation procedures that require the government inform foreign nationals without immigration papers of the legal consequences of voluntarily returning to their countries of origin from Southern California.

On August 18, the ACLU and the U.S. Department of Homeland Security agreed to settle the class action lawsuit accusing immigration officials of using threats and intimidation to force people to accept voluntary departure in Southern California. Settlement negotiations began in April of this year. Lead plaintiffs alleged that they were told they would have to spend months in jail if they refused to be departed voluntarily and that if they accepted the voluntary deportation they would be able to adjust their documents and quickly return to the United States.

According to the ACLU’s class action lawsuit, the process to return to the United States after voluntary deportation can take more than 10 years or not occur at all. “These abusive and illegal practices rob victims of their right to seek relief from removal,” argued the ACLU in their class action lawsuit. “As administered and practiced in Southern California, the ‘voluntary departure’ program has become a regime of unlawful coerced expulsion – one which tears numerous families apart every year,” the ACLU continued.

To settle the class action lawsuit, the U.S. government agreed to provide a phone to those who are detained and give detainees two hours to obtain advice form their consulate or an attorney before immigration officials can issue a voluntary departure. A pre-recorded message that explains the consequences of voluntary deportation will be provided as well as written information about the process, according to settlement documents. Additionally, immigration officials are not permitted to “pre-check” selections for voluntary departure on detainee’s paperwork. Class Members will be permitted to travel to San Ysidro Port of Entry and be paroled into the United States for a hearing before an immigration judge upon federal court approval of the class action settlement. The U.S. government admitted no wrongdoing in agreeing to the terms of the settlement.

The class action lawsuit was originally filed in June of last year. In December 2013, U.S. District Judge John A. Kronstadt refused to dismiss the class action lawsuit as requested by the U.S. government. However, Judge Kronstadt denied the lead plaintiff’s motion for a preliminary injunction against the government for the use of voluntary deportation procedures. Additionally, earlier in this year, the Judge Kronstadt entered a protective order for witnesses in the case.

In a joint statement issued on Wednesday the U.S. Immigration and Customs Enforcement and the Border Patrol defended voluntary departure as “an option for individuals who may request to be returned home in lieu of removal proceedings.”

“In an effort to address the issues raised in this litigation,” the agencies continued, “both agencies have agreed to supplement their existing procedures to ensure that foreign nationals fully comprehend the potential consequences of returning voluntarily to Mexico.”

The ACLU Immigration Procedures Class Action Lawsuit is Lopez-Venegas, et al. v. Napolitano, et al., Case No. 13-cv-3972-JAK-PLA, in the U.S. District Court for the Central District of California.

UPDATE: A website has been established with more information about the immigration class action settlement. It is estimated that the application period will run from June 9, 2015 through Dec. 6, 2015. For more information, click here or visit www.SalidaVoluntariaAcuerdo.com.

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3 thoughts onACLU Settles Immigration Class Action Lawsuit with US Government

  1. Top Class Actions says:

    UPDATE: A website has been established with more information about the immigration class action settlement. It is estimated that the application period will run from June 9, 2015 through Dec. 6, 2015. For more information, click here or visit http://www.SalidaVoluntariaAcuerdo.com.

  2. big john says:

    maybe we should sue mexico for the cost of taking care of illegals

    1. keri says:

      I’d join that action!!!

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