The conditions in which children fleeing violence in northern Central America are being detained, and the possibility that many will be summarily removed to their home countries, raise the prospect of possible violations of court orders issued in two nationwide class action cases in which NILC is lead counsel: the Perez-Fuñez permanent injunction and the Orantes permanent injunction. This issue brief provides a brief description of the requirements under each injunction and their relevance to the current treatment of unaccompanied children, as well as contact information for NILC attorneys who are monitoring DHS’s compliance with the court orders. (June 2014)
The Perez-Fuñez injunction is a nationwide class action permanent injunction that requires the U.S. Department of Homeland Security (DHS) to take certain steps before removing unaccompanied children to their countries of origin via voluntary departure. The injunction was originally entered in 1984, was modified and made permanent in 1985, and further modified in 1986. This document summarizes the injunction’s requirements as it remains in place today.
The Orantes injunction is a nationwide, permanent injunction that requires the Department of Homeland Security to uphold certain rights of Salvadoran nationals in immigration detention.
Answers these questions: Who is considered an “unaccompanied alien child” (UAC)? Where are unaccompanied children being housed? What kinds of health care issues are affecting unaccompanied children? What health care services are available to unaccompanied children who are in immigration detention or being housed by ORR? What kinds of services are available to them after they are released?