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District Court Approves Settlement Agreement in Litigation Related to UACs and Allegations of Gang Affiliations

1/14/21 AILA Doc. No. 21071539. Humanitarian Parole, Unaccompanied Children

On January 14, 2021, the United States District Court for the Northern District of California granted final approval of a settlement agreement in Saravia v. Barr, 3:17-cv-03615 (N.D. Cal. January 14, 2021). The below covers the provisions of the settlement that apply to a class of noncitizen minors who: 1) came to the United States as unaccompanied minors; 2) were previously detained in the custody of the Department of Health and Human Services (HHS), Office of Refugee Resettlement (ORR) and then released to a sponsor by ORR; and 3) have been or will be rearrested by the Department of Homeland Security (DHS) on the basis of a removability warrant based in whole or in part on allegations of gang affiliation:

  1. Measures identifying class members and coordinating with HHS ORR and EOIR about transferring class members into appropriate custody facilities and scheduling bond hearings. ICE will refer to a flowchart issued by JFRMU to determine class member eligibility. ICE will report the rearrest of class members to the ACLU. The agency also will a) serve a notice on the class member, his/her counsel, and the ACLU specifying the class member’s venue preference (EOIR will convene the hearing in the jurisdiction of the class member’s rearrest unless s/he elects to have the hearing in the jurisdiction of his/her current detention or residence), nature of the proceedings, and basis for the rearrest, b) file the notice with the immigration court in the appropriate jurisdiction as soon as practicable, and c) prove at the in-person hearing change of circumstances that the class member is either a danger to the community or flight risk. EOIR will schedule the hearing within 10 calendar days of rearrest unless a continuance is granted or venue is changed.
  2. Dissemination of guidance or broadcasts regarding the Saravia settlement agreement.
  3. Training employees on the agreement and providing a copy of the broadcasts and training materials to the ACLU subject to any privilege(s).
  4. An alternative to dispute resolution process should a noncomplying condition or incident occur.
  5. Dismissal of the action and retention of jurisdiction of the agreement until 2026 at which point the agreement terminates.
Download this Document
Cite as AILA Doc. No. 21071539.

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