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ICE ID Documents Class Action Lawsuit Overview:
- Who: A legal services provider and asylum-seeker have filed a class action lawsuit against the U.S. Immigration and Customs Enforcement (ICE).
- Why: The plaintiffs say ICE illegally keeps immigrants’ identification documents without cause, causing difficulty for immigrants trying to get work even once they’ve been granted legal status
- Where: The class action was filed in an Illinois federal court.
The U.S. Immigration and Customs Enforcement (ICE) keeps immigrants’ personal documentation without good reason, causing major barriers to vulnerable families trying to seek work in the United States when granted legal status, a new class action lawsuit alleges.
A legal services provider and asylum-seeker filed a class action lawsuit against ICE Feb. 11 in an Illinois federal court, alleging violations of the Fourth Amendment, Fifth Amendment and the Administrative Procedures Act.
According to the lawsuit, ICE started promoting a memorandum about confiscating government-issued documents held by people in removal proceedings in 2018.
The memorandum, written by John Torres, then-Acting Director of ICE, purports to give ICE officers discretion to keep the identification documents of people in removal proceedings, even if the person is legitimately entitled to the documents.
“ICE’s policy and the standard-less implementation of it by ICE officers place extreme burdens on individuals in removal proceedings, including imposition of additional obstacles to obtaining benefits (such as employment authorization, public education and other public benefits) and relief to which they otherwise would be entitled,” the class action states.
It says the policy also unduly burdens aid providers like Plaintiff the Children’s Legal Center, as they have to assign staff to help people get new documents.
ICE Confiscation Prevents Plaintiff From Obtaining Work Authorization, Class Action Alleges
Plaintiff J.T.M. says he, his wife and four children fled Mexico after cartels entered their hometown in a rival gang war, kidnapping and killing inhabitants.
He and his family have applied for asylum, and he is eligible to work. However, because ICE has confiscated his birth certificate and consular identification, J.T.M. is unable to get his work authorization. As a result, he has no money to take his sick children to the doctor.
“Government benefits, such as work authorization, are critical for the individuals seeking asylum to provide for themselves, their families and to take root in the U.S.,” the class action states. “Without work authorization, aliens in removal proceedings are dependent on family, friends, and aid agencies, a burden that would not exist if they were able to timely obtain work authorization.”
The class action is looking to represent anyone seeking asylum in the United States who is in removal proceedings and who have been unable to submit complete applications for work authorization because ICE has retained their identification documents, plus any non-profit impacted by the policy.
The plaintiffs are seeking a court order vacating the 2006 memo and compensatory and punitive damages.
Meanwhile, ICE will soon face increased restrictions on its process of conducting warrantless arrests and vehicle stops if a recent class action settlement gets final approval.
What do you think of ICE’s policy of holding documents? Let us know in the comments.
The Children’s Legal Center and J.T.M. are represented by Ian H. Morrison, Jules A. Levenson and Ala Salameh of Seyfarth Shaw LLP.
The ICE Documents Removal Proceedings Class Action Lawsuit is J.T.M. et al. v. Mayorkas et al., Case No. 1:22-cv-00774, in the U.S. District Court for the Northern District of Illinois.
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