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 The American Civil Liberties Union had filed a lawsuit in December
against the so-called no-release policy by the Immigration and
Customs Enforcement agency on behalf of mothers and children who
said they had fled violence in Central America.
ICE, a part of the Department of Homeland Security, had implemented
the policy during a spike in illegal entries into the United States
from Central America during the summer.
The ACLU said that by holding mothers and children who had fled
violence and persecution, the administration had sought to deter
other asylum-seekers from coming to the United States.
 Judy Rabinovitz, deputy director of the ACLU's Immigrants' Rights
Project, said the ruling by the court in Washington, D.C., "made
clear that the government cannot deprive individuals of their
liberty merely to send a message to others."
"This ruling means that the government cannot continue to lock up
families without an individualized determination that they pose a
danger or flight risk that requires their detention," she said in a
statement.
The court's ruling said the mothers had shown "credible fear" of
persecution in their homelands, meaning they would likely be granted
asylum in the United States. In the past, most immigrants who had
entered the country illegally but met the "credible fear" criteria
were not detained while their cases were being decided.
[to top of second column] |
On Monday a federal judge in Brownsville, Texas, had temporarily
blocked President Barack Obama's executive orders to shield millions
of people who are in the United States illegally from deportation,
backing 26 states that argued Obama had overstepped his legal
authority.
(Writing by Bill Trott; Editing by Eric Beech)
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