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Southeast Asian Resource Center
Cambodian Americans and their supporters brought their plight to the White House last year. |
By Louis Chan,
ASAM NEWS
UP TO 2,000 Cambodian refugees for now won’t have to live in fear that an officer with the Immigration and Customs Enforcement is hiding in the bushes, waiting to arrest them for deportation.
UP TO 2,000 Cambodian refugees for now won’t have to live in fear that an officer with the Immigration and Customs Enforcement is hiding in the bushes, waiting to arrest them for deportation.
Judge Cormac Carney from the U.S. District Court in the Central District of California granted a temporary restraining order requiring 14 days notice before ICE can detain a Cambodian with a deportation order.
Advancing Justice-Asian Law Caucus filed the case with Asian Americans Advancing Justice, Los Angeles and Sidley Austin LLP
The judge temporarily blocked ICE’s practice of rounding up Cambodian refugees without notice. ICE must provide written notice 14 days before re-detaining a Cambodian with a deportation order.
“The judge has stopped ICE’s practice of ambushing Cambodian refugees who have supported their families and contributed to their communities for years,” Jenny Zhao, an attorney for the Asian Law Caucus, said to AsAmNews.
“Now people will have at least some opportunity to talk to a lawyer and make child care plans before being re-detained. This is not just a legal issue, but a matter of basic decency.”
The Temporary Restraining Order remains in place only until January 28. A hearing must still be held to determine what happens after that.
Those impacted are those who have already served their time for crimes committed, but now live under the threat of deportation under a crackdown pushed by the Trump administration.
Those who think they may be impacted by the decision can find more information in this tweet from Asian Law Caucus.
Am I included in the temporary restraining order?
This class action lawsuit (Chhoeun) includes all Cambodians in the United States with final orders of deportation or removal who were released from immigration detention and have not subsequently been convicted of a crime or failed to check in with ICE.
If you are not sure if you are included in the temporary restraining order and you have a check-in in January 2019, call us at 415-952-0413.
What does the temporary restraining order do and what does it not do?
The temporary restraining order does not prevent ICE from arresting people. It does prevent ICE from arresting people included in the class action unless they first provide written notice 14 days in advance that they plan to arrest someone and provide them copies of their immigration court charging documents, removal order, and criminal conviction records (so that they can consult with an immigration lawyer about whether they might be able to reopen their case and cancel their removal order).
The temporary restraining order also does not prevent ICE from deporting people, even if they were redetained without notice. Cambodian refugees in detention must act quickly to pursue immigration relief to avoid deportation.
What should I do if I have an upcoming check-in with ICE?
Call the raid hotline at 415-952-0413 to speak to an attorney.___________________________________________________________________________________
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