Historic Agreement Ends Deceitful Immigraton Practices
Agreement also establishes crucial border enforcement reformS
Settlement's Key Reforms
Immigration agencies were required to make concrete changes in how they handle voluntary returns as of the end of August 2014. Border Patrol and ICE must now:
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Absolutely refrain from pressuring or coercing any immigrant to accept voluntary return
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Give each immigrant detailed information—in writing and orally—about what it really means to choose voluntary return
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Maintain a 1-800 hotline detailing individual rights and the consequences of taking voluntary return
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Absolutely refrain from pre-checking the box selecting "voluntary return" on the signature forms used to implement voluntary retur
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Allow each immigrant to:
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use a phone
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provide each individual with a list of legal service agencies
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allow each immigrant two hours to reach someone before that immigrant must decide whether to take voluntary return
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Provide attorneys meaningful access to clients detained by Border Patrol or ICE.
ACLU attorneys will monitor ICE and Border Patrol's compliance with these settlement terms for three years to ensure accountability.
A historic settlement agreement results in significant changes to U.S. Border Patrol and Immigration and Customs Enforcement (ICE) practices known as “voluntary return” (or “salida voluntaria”) in Southern California. Federal immigration officers throughout this region must now treat people who have been detained fairly and institute a number of procedural protections to safeguard their rights.
Noncitzens who “accept” voluntary return are usually deported to Mexico within hours, even if they are otherwise eligible for forms of immigration relief that would allow them to reside legally in the United States. For example, all nine of the named plaintiffs in López-Venegas would have had strong claims to remain here with their families if they had not been pressured into taking voluntary return. This is why it is critically important that immigrants refuse to sign voluntary return documents unless and until they have fully considered the consequences of doing so and all other legal options.
