Court Ruling Orders Release of Immigrant Families from Detention Centers

Immigration Rally in WashingtonBoth authorized and unauthorized immigrants come to America; however, many undocumented immigrants wind up in detention centers. A federal judge recently ruled that immigrant families and children should not be detained but instead should be released.  But what exactly does this court ruling mean?

All the detained immigrant families will not be released immediately and simultaneously. Immigrant advocates do not anticipate a mass exodus from the detention centers. Immigration authorities have until August 3, 2015 to appeal, or they may try to get a stay or put the judge’s order on hold. In addition, although the court ordered the release of immigrant families and children, there may be a loophole allowing authorities to continue detaining them; the ruling provides minimal standards as to how they are detained. Moreover, the federal government might require the released immigrants to wear ankle monitors, which are “burdensome.”

How this ruling affects detained immigrant families depends on one’s point of view. Immigrant advocates interpret it to mean that immigrant mothers still could be detained as long as their children are released and placed in the guardianship of another relative or a foster of sorts.  Immigration officials assert that the family detention centers are a humane way for immigrant families to stay together; immigrant advocates disagree and say that being locked up is cruel and that separating children from their mothers is even crueler.

Now that the judge has favored immigrants, immigrant advocates’ game plan remains the same: Keep aiding immigrants in all their endeavors, including asylum hearings and other immigration court proceedings. Immigrants still need help.  It is too early to see the full impact of this court ruling.

If you are an immigrant and you are in legal trouble, know this: You have rights and legal remedies. If you have questions about America’s immigration laws, policies, and court rulings, talk to a lawyer.  For more information and to have questions answered, contact Nashville Attorney Perry A. Craft.