Amica Center for Immigrants’ Rights (formerly CAIR Coalition), the National Immigration Project, and the ACLU of Virginia sued Immigration and Customs Enforcement (ICE), for arbitrarily detaining people in Virginia after they won immigration cases that protected them from deportation to their countries of origin where they face persecution, torture, or death.
After an immigration judge grants a person asylum, withholding of removal or relief under the U.N. Convention Against Torture (CAT), they should be released from detention. Judges grant these forms of relief when a person would likely face severe persecution or torture if deported to their country of origin.
Since legal counsel in the case began tracking the release dates of detained non-citizens in Virginia, ICE has continued the detention of nearly every person - more than 50 in the last two years - even after they had been granted asylum, withholding of removal or protection under CAT. In 15 out of 20 cases, ICE continued their detention for at least three months after they had won their case.
That practice was in clear violation of ICE's own policies.
Settlement in this case was reached on July 30, 2024, ensuring that people who win their immigration case in Virginia will promptly be considered for release by ICE. More information about the terms of the settlement can be found below.
