ACLU-VA sues ICE over detention of unaccompanied minors with legal status
The American Civil Liberties Union of Virginia (ACLU-VA) has filed a class action lawsuit against Immigration and Customs Enforcement (ICE) in the Eastern District of Virginia. The case targets the detention of unaccompanied minors who have either applied for or been granted Special Immigrant Juvenile Status.
The legal challenge comes after a federal policy change removed bond hearings for individuals who entered the US without inspection, leaving them subject to mandatory detention.
Four named plaintiffs, currently held in Farmville and Caroline detention facilities, were initially granted bond by immigration judges. Their releases were later reversed due to a Department of Homeland Security directive that enforces detention without bond. This policy is reportedly part of a broader mass deportation strategy.
The lawsuit claims these detentions violate the Immigration and Nationality Act, the Trafficking Victims Protection Reauthorization Act of 2008, and the Fifth Amendment's due process protections. It also highlights that nearly 119,000 unaccompanied children were placed in federal custody in fiscal year 2023 alone.
ACLU-VA is leading the case alongside attorneys Taniska Cruz of Cruz Law, PLLC, and Patrice Kopistansky. Additional support comes from ACLU-VA lawyers Vishal Agraharkar and Geri Greenspan. This is not the first time the organisation has challenged ICE's detention practices under the Trump administration.
In Virginia, the Office of Refugee Resettlement released 6,214 unaccompanied minors to sponsors in fiscal year 2022. The lawsuit argues that the current policy unfairly targets minors who have a legal pathway to citizenship.
The case now rests with the Eastern District of Virginia court. If successful, it could force ICE to reconsider its detention policies for unaccompanied minors with legal claims to stay in the US. The outcome may also impact how federal directives on mandatory detention are applied in future cases.
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