By Maribel Velazquez
A federal judge in California temporarily blocked a Trump administration policy that allowed detain and deport immigrant victims of domestic violence, human trafficking and other serious crimeseven when they had pending immigration applications.
The decision was issued by a court in the Central District of California within the class action lawsuit Immigration Center for Women and Children vs. Mullinpresented by organizations such as the Center for Human Rights and Constitutional Law, Public Counsel, the Coalition for Human Immigrant Rights of Los Angeles (CHIRLA) and La Raza Centro Merely.
According to the ruling, the Department of Homeland Security (DHS) must provisionally restore immigration protections for applicants for U, T visas and protections under the Violence Against Women Act (VAWA), while the litigation progresses.
The resolution also orders allowing the return to the United States of three immigrants who had been deported despite having active immigration processes.
Stories that ignited the lawsuit
One of the cases cited in the lawsuit is that of Carmen F., a woman victim of domestic violence who had reported her attacker. According to court documents, ICE detained her and her young son during a scheduled immigration appointment and they were both subsequently deported.
Upon arrival in your country of origin, Her alleged attacker was waiting for her at the airport and forced her to return to him.
“The government cannot arrest, detain and deport immigrant survivors who legally have the right to remain in this country,” he said. Rebecca Brownan attorney with Public Counsel’s immigration rights project.
The organizations denounced that the new policies eliminated historical protections designed by Congress to encourage victims to report crimes without fear of being expelled from the country.
Criticism of immigration policy
The ruling represents a setback for the immigration strategy promoted during Trump’s second term, marked by the tightening of detentions and deportations.
“The immigration system cannot ignore the Constitution or the laws approved by Congress,” declared Bardis Vakili, factual director at Heart for Human Rights & Constitutional Law.
For her part, Angelica Salas, director of CHIRLA, assured that the administration was punishing people who collaborated with the authorities to report abuses and crimes.
The judicial decision has national scope and temporarily protects many immigrants with pending applications before the United States Citizenship and Immigration Services (USCIS).
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