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Another blow to the Trump administration's immigration policies, a federal court on Monday blocked the systematic detention of migrants who have shown credible evidence that they were fleeing persecution in their home country. # 39; origin.
James Boasberg of the Federal District Court of Columbia found that the government's own direction requesting that asylum seekers be released when appropriate while their cases are pending "has been honored more in violation that observance. "
is the right of those seeking shelter in the United States to be released while their asylum applications go to court, a process that can take years. While the government has the right to keep them in detention, a 2009 directive provides that those who have demonstrated what is called a "credible fear" during an initial interview have the right to do so. to be taken into account to be released
. Lawyers for nine in-custody plaintiffs have shown that parole rates under the Trump administration have dropped by more than 90% to "almost zero," a change they attribute to the government's new policy on the "zero tolerance" for immigration. Judge Boasberg stated that the government had denied having a general policy of refusal to grant release to asylum seekers, but that it had not refuted the figures of claimants who demonstrated that asylum seekers were asylum seekers. rapid drop in releases since the entry into office of Mr. Trump.
His preliminary injunction directs the government to conduct individualized examinations to determine whether a person is high risk, a threat to national security or a danger to the community before denying parole, as provided for in the directive of 2009.
The complaint was filed by a group of asylum seekers fearing an interview and demonstrate that they would not run away or pose a threat to others. They were represented by Human Rights First, the American Civil Liberties Union, the Center for Gender and Refugee Studies and the law firm Covington & Burling.
"The decision confirms that the government can not forgive the detainees, instead they must follow a policy that they themselves described nine years ago," said Hardy Vieux, legal director of Human Rights. First, which represents the refugees
"This decision means that the Trump administration can not use indefinite detention as a weapon." The lawsuit of the ACLU Immigrants' Rights, said Michael Tan, lead counsel for the ACLU.
The lawsuit concerns five immigration and customs offices that, according to the plaintiffs, have denied almost all applicants' parole applications. Asylum in early 2017: Detroit, which oversees Michigan and Ohio, El Paso, which covers New Mexico and West Texas, Los Angeles, Newark and Philadelphia.
The trial indicates that the immigration agency granted parole to more than nine asylum seekers out of 10 until President Trump came into office last year.
"The government's response to these figures is at best the judge wrote, adding that" there are questions "as to whether the five field offices are following the parole directive.
It is estimated that more than 1,000 asylum seekers were denied parole in the five districts of ICE
One of the plaintiffs, Ansly Damus, professor of ethics Haiti, has been held in Ohio for more than a year and a half.Mr Damus fled his country of origin after his critics of a government official compromised his safety A gang that supported the official attacked him in 2014, breaking several bones and setting his motorcycle on fire, and threatened to kill him.
Upon his arrival at the border, in Southern California, Mr. Damus went to the immigration authorities and asked for asylum. He successfully completed his interview. dible on fear in December 2016 and, in April 2017, got asylum from a judge. Despite this, he remained behind bars while the government appealed his case.
"I did not breathe fresh air or feel the sun on my face, and I never know it's cold outside, and if the seasons change," said M Damus in the complaint filed by the organizations on his behalf in March
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