As many of you already heard, on Friday, October 3, ICE launched a nationwide operation reportedly named “Freaky Friday” that targets unaccompanied children aged 14 and older of all nationalities. AILA received information from several trusted sources. We are confident this is happening (and is not a rumor). Here is what we know:
- Children detained and released are sent a “threat” letter from ICE threatening indefinite detention and immediate transfer to ICE upon age-out if they do not waive jurisdiction under the TVPRA and withdraw applications for relief, including withdrawing their request for admission with EOIR.
- Children are offered $2,500 to return to their countries of origin.
- The letter indicates that if children do not comply with the “offer”, their parents/family living in the US will be arrested.
- ICE plans to detain all age-outs, and they anticipate legal challenges.
- It is possible that the age threshold for this threat letter may be lowered to youth 10 years old and older.
- ICE will first target detained children but will also target children released from custody.
Some private and nonprofit legal service providers have suggested the following steps:
- Consider advising children out of custody of the possibility of receiving a letter.
- Provide Know Your Rights (KYR) presentations to all children you are working with in custody as soon as practicable, advising them of this plan and their right not to sign anything without consulting their attorney.
- File L-3 forms for all children in custody, as capacity allows.
- If a child receives a letter, consider preparing a declaration that particularly highlights the manner in which this ICE letter was delivered (Was counsel present and able to advise? Was the youth able to ask questions? Etc.), evidence of coercion or intimidation, underlying fear of return elements related to child’s relief application. These declarations may help litigators challenge this practice.
If attorneys have clients in ORR custody who are approaching their 18th birthday and who are now threatened with ICE detention, they should contact Emma Winger (ewinger@immcouncil.org) and Mark Fleming (mfleming@immigrantjustice.org). AIC and NIJC are class counsel in Garcia Ramirez and they are monitoring for violations of the permanent injunction in that case arising from this new operation.
The Garcia Ramirez permanent injunction requires ICE to comply with the age-out protections in 8 U.S.C. § 1232(c)(2)(B) by considering “placement in the least restrictive setting available” and ensuring those young people are eligible for alternatives to detention.
AILA will provide more information as we hear more.