Unlawfully Detained

Court Orders ICE to End Its Practice of Unlawfully Detaining Immigrant Youth

Immigrant children who arrive in the United States without a parent are placed in shelters or foster care while their guardianship and immigration process play out. But all too often, U.S. Immigration and Customs Enforcement (ICE) takes them away as soon as they turn 18 and locks them in an adult detention facility. However, a federal court just ruled that ICE has been systemically failing to follow the law by transferring thousands of teenagers to their facilities.

In the court’s July 2 ruling in Garcia Ramirez, et. al. v. ICE, Judge Rudolph Contreras of the U.S. District Court for the District of Columbia criticized the agency’s lack of oversight and appropriate legal training, which lead to highly localized practices. The Court also criticized ICE for using misleading technology that never recommends release and doctoring documentation purportedly used to show compliance with the statute.

Under the laws governing unaccompanied immigrant children, ICE must consider the “least restrictive setting” for children who turn 18 and can no longer stay in shelters for children, which are run by the Office of Refugee Resettlement (ORR). The statute requires ICE to consider a placement other than detention, such as releasing the teens to live with a family member or friend or placing the child in a group home or shelter.

The case was filed on behalf of Wilmer Garcia Ramirez who left Guatemala alone when he was 17 years old. Wilmer was initially placed in a shelter for unaccompanied immigrant children and was transferred to an immigration detention center on his eighteenth birthday in handcuffs.