Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly


The U.S. government has violated its own immigrant detention standards, denying some Salvadoran detainees access to legal materials, telephones and attorney visits, a federal judge in Los Angeles has ruled. District Judge Margaret M. Morrow upheld a 1988 injunction mandating that Salvadorans be advised of their rights to apply for political asylum and have access to legal representation. In her July 26 decision, Morrow ruled that because detention standards weren't always followed, the injunction must remain in place so Salvadorans could "exercise their right to apply for asylum freely and intelligently."

Although the case was filed on behalf of Salvadorans fleeing civil war in the 1980s, the injunction — and the recent ruling — affects all detained immigrants by highlighting the problems that exist at holding facilities across the nation.

"The government needs to do more to ensure that detained immigrants have basic rights to due process," said American Civil Liberties Union attorney Ranjana Natarajan, one of the lead attorneys for the plaintiffs.

The Department of Justice plans to appeal the decision.

"We are disappointed that the court continues to refuse to end a long-standing and unnecessary injunction," Department of Homeland Security spokesman Russ Knocke said in a prepared statement. "The civil war in El Salvador ended several years ago. Circumstances there that were the basis for the injunction no longer exist."

Knocke said that U.S. border security was more critical than ever in a post-9/11 world.

The federal injunction was issued nearly two decades ago after Salvadoran refugees accused the former Immigration and Naturalization Service of using threats and coercion to discourage them from applying for asylum.

In 2005, the Department of Justice filed a motion to end the injunction, arguing that the government had adopted procedures to ensure that detainees weren't coerced into giving up their rights. The department also argued that the situation in El Salvador had changed significantly and that Salvadoran immigrants did not deserve special treatment.

Government attorneys said the injunction interfered with its expedited removal program, which allows Immigration and Customs Enforcement to deport certain illegal immigrants without hearings.

But immigrant advocates argue that many Salvadorans still have valid asylum claims and need to be informed of their rights.

"The injunction was not only based on the war in El Salvador but also on the treatment of people with valid asylum claims by the immigration authorities," said Linton Joaquin, executive director of the National Immigration Law Center, and one of the lead attorneys on the case.

Joaquin also argued that the injunction needed to continue because the detention standards that the government enacted were not enforceable — and were routinely ignored.

"There are violations all over the place," he said.

In the decision, Morrow referred to reports by the Department of Homeland Security's Office of Inspector General, Immigration and Customs Enforcement, the United Nations and the American Bar Assn. about detention conditions. She concluded that the government's analysis "understated — perhaps severely — violations of the standards at the various detention centers."

Morrow wrote that the government adopted new regulations to ensure that immigrants weren't deported unless they understood their right to asylum, but authorities didn't always follow those regulations. She cited one study showing that fewer than 10% of immigrants at the San Ysidro port of entry were advised of their right to apply for asylum.

The judge also noted that some centers lacked computers or had outdated or missing legal materials. At others, the phones were out of service for long periods of time or the calls were cut off abruptly.

On one day in April 2005 at a San Diego facility, for example, 13 of the 60 phones in the detainee visitor area did not work. And even though the government's detention standards required facilities provide private rooms for legal visits, that did not always happen.

Luis A. Hernandez of the Assn. of Salvadorans of Los Angeles said he was pleased by the ruling. There is not a civil war anymore, but Salvadorans continue to flee the country for their safety — often because of gang violence, he said.

Legal News | Breaking News | Terms & Conditions | Privacy | Law Firm Web Design, Attorney Website Design by Law Promo

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case.
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
New Rochelle Accidents Attorneys
New Rochelle Personal Injury
www.kboattorneys.com
Chicago Business Lawyer
Cook County Contract Law
www.rothlawgroup.com
Canton Criminal Lawyer
Canton DUI lawyer
www.cantoncriminalattorney.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
Houston Car Accident Attorneys
Wrongful Death Attorneys Houston
Houston Wrongful Death
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Santa Ana Workers' Compensation Lawyers
www.gentryashtonlaw.com
Indianapolis personal injury lawyer
Brain injury lawyer Indianapolis
www.rwp-law.com
Eugene Bankruptcy Attorney
Bankruptcy Attorney Eugene
willamettevalleybankruptcy.com
Denver, Colorado Drug Crimes Lawyer
www.vanlandinghamlaw.com
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Voice
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Law Firm Logos
  Eugene Criminal Defense Law
  Attorney Web Design
  Immigration Law Web Design
  Law Firm Directory