NIJC Sues Department of Homeland Security for Details about Children Illegally Held in Adult Detention Centers

Heartland Alliance’s National Immigrant Justice Center (NIJC) filed suit against the Department of Homeland Security (DHS) to obtain information clarifying the circumstances of thousands of immigrant children who may have been unlawfully detained by U.S. Immigration and Customs Enforcement (ICE).

Data released to NIJC under the Freedom of Information Act in 2011 suggest that ICE may have unlawfully detained more than 2,000 immigrant children for periods of up to 450 days between 2008 and 2010. The agency has refused to provide specific details regarding the age, circumstances, and conditions of the detained children.

“We are disturbed by this evidence that DHS may have violated the law by detaining children in adult custody without access to counsel or appropriate services,” said Mony Ruiz-Velasco, director of legal services at NIJC. “We are demanding that the government provide further details to clarify the gravity of this problem.”

When ICE encounters unaccompanied immigrant children in the United States, the law requires that the agency transfer them to the custody of the Office of Refugee Resettlement (ORR), which operates facilities across the country designed especially to care for children. The facilities usually offer legal orientation programs, and whenever possible, ORR reunites children with family members or guardians.

According to the limited government data provided to date, unaccompanied children were held in isolated county jails throughout the country that contract with ICE to hold adult detainees. Many of the jails were hundreds of miles from cities with legal aid and other services.

NIJC is represented by attorneys José J. Behar and Mary M. Rowland of Hughes Socol Piers Resnick & Dym, Ltd. “In this time of unprecedented crackdowns on the immigrant community, it is vital that the government be required to be transparent about its programs and its compliance with governing regulations, especially when it comes to its treatment and care of the most vulnerable population – immigrant children,” said Behar.

Links:

Read the full complaint