Thursday, 15 November, 2018

US Judge orders return of deported family, threatens Sessions with contempt

Judge blocks asylum seekers from deportation US Judge orders return of deported family, threatens Sessions with contempt
Patty Aguilar | 11 August, 2018, 02:59

The woman, identified in court papers as "Carmen", is a plaintiff in a lawsuit filed this week by the American Civil Liberties Union against Sessions, over his recent decision to stop granting asylum to people who have faced domestic and gang violence.

The unusual move, ordered by a federal judge, came after the agency kicked the pair out of the US despite an agreement to let them stay at least until midnight while their asylum appeal was being heard in a Washington, D.C. courtoom.

The Department of Justice is not commenting on the case nor the judges' threat to hold the attorney general in contempt. Carmen and her daughter will go back to an ICE facility in Dilly, Texas.

He reportedly also said Attorney General Jeff Sessions could be held in contempt of court for the deportation.

Homeland Security's "credible fear" policy instructs authorities to deny asylum to immigrants fleeing domestic abuse and gang violence.

If the two aren't returned, the judge said in an order, he would require Sessions, the head of Homeland Security, Citizenship and Immigration Services, and the Executive Office for Immigration Review to appear in court to explain why they shouldn't be held in contempt.

"I'm not happy about this at all", the judge continued.

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The ACLU was in court today successfully seeking an emergency stay of removal for plaintiffs - many of whom are women fleeing extreme sexual and gang violence.

"This is pretty outrageous", said U.S. District Court Judge Emmet G. Sullivan.

The two did land in El Salvador after their forced removal from the US, but per the ACLU's efforts, did not disembark from the plane and were flown back to the USA immediately.

A district judge in Washington halted a deportation already in progress for an El Salvadoran mother, going by the pseudonym Carmen, and her daughter.

ACLU attorney Jennifer Chang Newell, managing attorney of the group's Immigrants' Rights Project, said in a statement that they "will not rest until our clients are returned to safety".

The judge's decision on Thursday, however, means plaintiffs can remain in the United States, where they are being held in detention facilities, while Sullivan considers the case.

As Carmen is with a child, and, therefore, can not be held in a typical facility for adults or separated from her child under current policy, it is likely they will be released into the American interior, free, despite having failed their credible fear determination. In the suit, Grace said her partner of 22 years, and his two gang member sons from another relationship, repeatedly beat and threatened to kill her and her children.

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