Families Separated By Coercive Immigration Practices May Be Reunited in U.S.
Hundreds, if not thousands, of noncitizens who signed “voluntary return” forms in Southern California and were expelled to Mexico will be given the opportunity to apply to return to the United States and seek legal status, a United States district court ordered late last week. For details, see this ACLU press release and here.
Judge John A. Kronstadt approved a settlement that addresses deceptive tactics used by immigration enforcement officers who deprived those who signed the “voluntary return” documents their right to see a judge and have their fair day in court.
In June 2013, the ACLU Foundation of San Diego & Imperial Counties, the ACLU Foundation of Southern California, the ACLU Immigrants’ Rights Project, and Cooley LLP filed the lawsuit, Lopez-Venegas v. Johnson, on behalf of individual plaintiffs who were wrongfully expelled from the United States and organizations that were forced to divert their scarce resources in response to these unlawful practices. The individual plaintiffs had no significant criminal backgrounds, and their family ties could have helped them obtain relief against deportation had Border Patrol agents or ICE officers not misstated the consequences of signing away their right to see an immigration judge. Under the terms of the settlement, nine plaintiffs returned to the United States and their loved ones in August 2014, with the same legal status they had before signing the documents.
Now that Judge Kronstadt has approved the class provisions of the settlement, the ACLU and the three organizational plaintiffs, the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), the Pomona Economic Opportunity Center, and the San Bernardino Community Service Center, will be leading the search for potential class members in Mexico.
To qualify as a class member under the Lopez-Venegas “voluntary return” settlement an individual must: Have signed a “voluntary return” form between June 1, 2009 and August 28, 2014 and been expelled to Mexico; Have had certain reasonable claims to reside in the U.S. lawfully at the time the “voluntary return” form was signed; Have been processed by Border Patrol officers from the San Diego Sector or by Immigration and Customs Enforcement (ICE) officers from the San Diego or Los Angeles field offices; and Be physically present in Mexico at the time of submission of application for class membership. Potential class members should be wary of notario fraud. Only the ACLU and ACLU-approved service providers will be able to submit applications for approval to the government for relief under this settlement. The application for relief under this settlement is free, as are consultations related to determining class eligibility.
Potential class members and their families should write to avd@aclusandiego.org or call 619-398-4189 within the United States or, from Mexico, use toll-free number 01-800-681-6917 to schedule an initial consultation.
KJ