DHS advised immigrant children to self-deport until a judge stepped in

WASHINGTON— Last September, the Department of Homeland Security began advising unaccompanied immigrant children that they could either be deported on their own or face extended detention.

But on Monday, a federal judge in Los Angeles ordered the government to stop using such “obviously coercive” language, ruling that the new recommendations, as they are known, violate a law. 40 year old court decision law that prohibits immigration officials from pressuring unaccompanied minors to abandon their asylum claims and leave the United States

According to court documents, recently detained immigrant children were given legal advice. Unaccompanied children are children who do not have a parent or legal guardian in the country.

Minors were told that they had the option to return to their country, that this would not result in any administrative consequences and that they could apply for a visa in the future.

But the children were also told that if they opted for a hearing with an immigration judge or expressed fear of leaving the U.S., they could expect to be held in a detention facility “for an extended period of time.”

Those who turn 18 while in custody are told they will be turned over to Immigration and Customs Enforcement for deportation. recommendationAlthough it was usually conveyed orally, it was written into court documents by lawyers representing immigrant children and the government did not object.

“If your sponsor in the United States does not have legal immigration status, he or she may be arrested and deported,” the recommendations continued. “The sponsor may be subject to criminal prosecution for aiding your illegal listing.”

U.S. District Judge Michael W. Fitzgerald said that “such a threat disturbingly echoes the testimony of Jose Antonio Perez-Funez, a plaintiff in a 1980s class-action lawsuit challenging the tactics of immigration officers.”

Perez-Funez, who was 16 when he was arrested near the Mexican border, testified in Los Angeles federal court in 1985 that he agreed to deport himself because federal officials told him he would be detained for a long time if he did not return to El Salvador.

Perez-Funez’s case initially led the court to create due process safeguards for immigrant children by granting them the right to speak with a relative or attorney before signing forms waiving legal protection claims.

“The Government was therefore aware that such a statement, made in this setting, was precisely the type of improper persuasion that the Injunction sought to prevent,” Fitzgerald wrote.

Judge Fitzgerald of the Central District of California also rejected the federal government’s request to end court-mandated permanent protections for immigrant children.

In response to a request for comment, U.S. Customs and Border Protection issued a statement, attributed to an unnamed spokesperson, saying the agency follows the law and protects children. The agency said the advisory explains options for unaccompanied minors under federal law.

“Many unaccompanied minors are brought to the border by smugglers and face real risks of exploitation, so providing clear and lawful advice is vital,” it said. “This ensures they understand their rights and options, and for many people who have been trafficked or coerced, it is the safest route to return to their families.”

Unaccompanied minors are initially held by Homeland Security before being turned over to the Office of Refugee Resettlement within the Department of Health and Human Services for long-term housing. Federal law requires ORR to provide them with legal advice within 10 days.

“It is difficult to imagine a more challenging scenario than the one we face. [unaccompanied immigrant children] Especially for non-citizen children who do not know whether they have any rights within 72 hours before they are transferred to ORR custody, Fitzgerald wrote in his order.

In their statement to the court, the children wrote that they felt threatened by the government’s recommendations. A minor identified as DATM said threats of prosecution and prolonged detention from their parents caused them to sign voluntary separation papers.

Mark Rosenbaum, an attorney with the pro bono law firm Public Counsel, helped obtain the 1986 court decision. He said his legal team discovered Homeland Security had changed its recommendations only after a government lawyer notified him in November that the agency would seek to end court-ordered security measures.

“I see this as a war on children, the most vulnerable population,” he said.

The government has until Thursday to decide whether to appeal the judge’s decision. Regardless, Rosenbaum said his goal is to ensure that unaccompanied children’s cases are pursued more aggressively to ensure their rights are not violated again.