ibusinesslines.com
ibusinesslines.com October 20, 2018


'Turn the Plane Around': Judge Stops Deportation During Emergency Hearing

12 August 2018, 04:03 | Erica Roy

'Turn the Plane Around': Judge Stops Deportation During Emergency Hearing

'Turn the Plane Around': Judge Stops Deportation During Emergency Hearing

A federal judge ordered the government to return an asylum-seeking mother and her daughter to the U.S. after the Trump administration revealed in a Thursday court hearing that they had sent the migrants to Central America while the court was still considering their case.

Sullivan also ordered that if the two being deported were not returned, Sessions, Homeland Security Secretary Kirstjen Nielsen, Citizenship and Immigration Services Director Lee Francis Cissna and Executive Office for Immigration Review Director James McHenry would have to appear in court and say why they should not be held in contempt.

"Turn the plane around", U.S. District Court Judge Emmet G. Sullivan said in court, telling Justice Department lawyers, "This is not acceptable", according to the Washington Post.

The case is Grace v. Sessions, 1:18-cv-01853, in U.S. District Court for the District of Columbia.

Immigration activists hold signs against family separation during a rally to protest against the Trump Administration's immigration policy outside the White House in Washington, U.S., June 30, 2018.

According to the lawsuit, the two plaintiffs on the plane were a mother and daughter.

The ACLU's lawsuit says Carmen and her daughter left their native El Salvador because they feared for their lives amid extortion attempts by gang members.


The government said it is racing to comply with the court's order.

"In its rush to deport as many immigrants as possible, the Trump administration is putting these women and children in grave danger of being raped, beaten, or killed", she said in a statement. It challenges a recent policy change by the Department of Justice that aims to expedite the removal of asylum seekers who fail to prove their cases and excludes domestic and gang violence as justifications for granting asylum in the United States. An American Civil Liberties Union (ACLU)-represented mother-daughter pair, caught crossing the southern border, were being moved in preparation for removal hundreds of miles away in Texas.

A "credible fear" interview is a threshold screening that determines whether there is a "significant possibility" that an immigrant could show they are eligible for asylum in a full hearing with evidence, witnesses, and appeals.

The attorney for the US DOJ, Erez Reuveni, could not confirm where Carmen and her daughter actually were at the time.

In June, Sessions reversed a long-standing policy that considered asylum cases on the basis of gang and domestic violence, and now allows fast-track rejections and deportations if those are the only factors involved. Several co-workers at the factory where Carmen worked had been murdered, and her husband is also abusive, the paper added, citing records.

The ACLU lawsuit was filed on behalf of 12 migrants from Honduras, El Salvador and Guatemala - eight women, one man and three children. Sessions argued that a lack of policing in a given country "cannot establish as asylum claim". Two of the children and their mothers have already been deported.



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