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ABA turns into plaintiff in lawsuit over remedy of youngsters affected by remain-in-Mexico program

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Immigration Law

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The ABA’s immigration venture in Texas has joined a lawsuit alleging that unaccompanied kids affected by the Trump administration’s remain-in-Mexico program are being denied primary authorized rights.

The ABA’s South Texas Pro Bono Asylum Representation Project, generally known as ProBAR, joined the lawsuit as a plaintiff Feb. 12, together with a New York nonprofit referred to as the Door, in response to an ABA press release. The amended lawsuit, filed in federal court docket in California, is here.

The swimsuit says a few of the kids despatched to Mexico under the coverage have entered the United States on their very own, but they’re denied authorized protections given to different unaccompanied kids.

The kids are denied reunification with acceptable caregivers, are topic to persevering with jurisdiction of remain-in-Mexico asylum courts, are prevented from searching for asylum under a trafficking legislation, and are in some circumstances being fast-tracked for elimination, the swimsuit says.

ABA President Patricia Lee Refo commented on the swimsuit within the press launch.

“It is inexcusable for the United States to turn a blind eye to defenseless children who seek our protection,” Refo stated. “Under United States law and international law, unaccompanied children who enter the United States are entitled to certain legal protections—including meaningful access to lawyers and due process—that they are not getting now. This lawsuit aims to stop those illegal practices and bring justice to vulnerable children.”

The Biden administration introduced Friday that it’ll progressively enable folks to enter the United States who’re ready in Mexico with energetic asylum circumstances, the Associated Press reported. The Trump administration program was formally referred to as Migrant Protection Protocols.

Although the Biden administration has promised to finish the Migrant Protection Protocols, President Joe Biden’s government orders haven’t but addressed the harms confronted by kids accompanied by a guardian, the amended lawsuit says.

ProBAR is the biggest supplier of authorized providers to unaccompanied kids within the U.S. immigration system. The swimsuit alleges violations of the due course of clause, the William Wilberforce Trafficking Victims Protection Reauthorization Act, a consent decree governing unaccompanied kids, and the Immigration and Nationality Act.

The current plaintiffs within the swimsuit are the Immigration Defenders Law Center and the Refugee and Immigrant Center for Education and Legal Services. Simpson Thacher & Bartlett is offering professional bono help. The case is Immigration Defenders Law Center v. U.S. Department of Homeland Security.

See additionally:

ABAJournal.com: “SCOTUS should overturn the ‘return to Mexico’ policy, ABA says in amicus brief”

ABAJournal.com: “Remain-in-Mexico policy for asylum-seekers will be reviewed by Supreme Court”

ABAJournal.com: “SCOTUS allows remain-in-Mexico policy to continue during legal challenge”

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