BREAKING: A federal judge has just ordered the immediate release of two brothers from an ICE detention facility in Virginia, marking a significant victory for vulnerable minors seeking refuge in the U.S. The ruling, delivered by Judge Anthony J. Trenga on November 5, 2023, mandates that the brothers, aged 19 and 20, must be freed from the Farmville Detention Center as soon as Tuesday.
The brothers, originally from El Salvador, arrived in the United States as unaccompanied minors. Their status qualifies them for the Special Immigrant Juvenile Status program, designed to protect children who have been abused, abandoned, or neglected. They were detained by immigration officials in Newport News over two months ago, igniting a legal battle spearheaded by the ACLU of Virginia.
The ACLU filed a class-action lawsuit in September on behalf of the brothers and three other young plaintiffs, arguing that their detention was unlawful. The lawsuit emphasizes that minors in similar situations are typically exempt from detention, citing their rights under U.S. law.
In a decisive moment, Judge Trenga ruled that the plaintiffs are entitled to a bond hearing, validating their claims for due process. The ruling counters previous arguments from the Trump administration that sought to deny these minors constitutional protections.
“Our clients are following the rules they’ve been given to obtain citizenship. The federal judge’s ruling last week confirmed that ICE is not,” stated Sophia Gregg, Senior Immigrants’ Rights Attorney at the ACLU of Virginia. This ruling not only impacts the brothers but also sets a precedent for similar cases involving unaccompanied minors seeking safety in the U.S.
The journey toward obtaining citizenship through Special Immigrant Juvenile Status is lengthy and complex. After the brothers are released, they must first secure sponsorship from a guardian, who will then need approval from a state judge. This judge must determine that returning the minors to El Salvador is not feasible due to their past traumas. Only after these steps can they apply for the status and subsequently wait years for a visa.
One of the other plaintiffs in the ongoing lawsuit has already received his visa while in detention, while another is scheduled for a bond hearing this week, raising hopes for his release as well.
The class-action suit against ICE continues, highlighting the urgent need for reform in how the U.S. handles cases involving vulnerable minors. As this story develops, it underscores the human impact of immigration policies and the fight for justice faced by those seeking refuge.
This landmark ruling is expected to draw significant attention as advocates call for broader changes to protect immigrant minors. Stay tuned for updates as the situation unfolds.
