Advocacy groups have filed an emergency motion to enforce a court ruling that prohibits ICE from detaining immigrant teens in adult facilities, highlighting the need for safer alternatives.
Washington, D.C. — The American Immigration Council and the National Immigrant Justice Center (NIJC) have filed an emergency motion aimed at enforcing a 2021 court ruling from the Garcia Ramirez v. ICE case. This ruling prevents the U.S. Immigration and Customs Enforcement (ICE) from unlawfully detaining unaccompanied immigrant children in adult detention centers once they reach the age of 18.
The motion was filed after reports surfaced indicating that ICE had resumed transferring immigrant children who entered the United States alone into adult detention facilities upon their 18th birthday, a practice that violates the permanent injunction established in the Garcia Ramirez case.
“The permanent injunction made clear that ICE cannot automatically transfer young people to adult detention centers simply because they have turned 18,” stated Michelle Lapointe, legal director at the American Immigration Council. “Locking up these young people in ICE jails rife with overcrowding and hazardous conditions, and far from their support systems, does nothing to make our communities safer; it only inflicts more harm on vulnerable youth.”
When children under 18 enter the United States unaccompanied, they are typically placed in shelters operated by the Office of Refugee Resettlement (ORR). These children are generally released to family members or other vetted sponsors in the U.S., rather than being sent to ICE detention centers. This approach acknowledges that children require care and support, not punitive measures.
According to the Garcia Ramirez ruling, which resulted from extensive litigation by the NIJC and the Council, ICE must consider placing these youths in the least restrictive settings, such as alternative-to-detention programs, rather than resorting to immigration detention.
“ICE’s attempt to expand the detention of immigrant youth is a direct violation of the courts, which explicitly requires the agency to consider safe, less restrictive alternatives to detention,” remarked Mark Fleming, associate director of litigation at the National Immigrant Justice Center. “We will not allow the government to turn back the clock and return to a practice that the courts have already found unlawful.”
The number of individuals in immigration detention has reached unprecedented levels, leading to overcrowding and abusive conditions. Critics argue that the previous administration weaponized the threat of prolonged confinement in these dangerous facilities to coerce individuals into relinquishing their legal rights and accepting deportation. This pressure is further exacerbated by new policies, including a program that offers financial incentives to unaccompanied youths who agree to leave the country.
“The law is clear: ICE must use safe, less restrictive alternatives, not default to jailing young people indefinitely,” emphasized Marie Silver, managing attorney for NIJC’s Immigrant Children’s Protection Project. “These kids came here seeking safety and hope. They deserve a chance to be free, reunite with family and community members, attend school, and work with their lawyers to have their day in court. Trapping them in dangerous and degrading conditions in immigration detention only compounds their trauma in a cruel and unnecessary way.”
The court has granted the emergency motion, reinforcing the need for compliance with the established legal framework regarding the treatment of unaccompanied immigrant minors.
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