TRO Granted for Asylee Detained Upon Entry
A recent case underscores just how critical it is to have eyes on detention, and how easily people can fall through the cracks without it.
This week, a gentleman from Palestine who is a survivor of prolonged torture was detained upon entering the United States. After being granted asylum, DHS appealed his case to the Board of Immigration Appeals (BIA) where the case is likely to remain pending for months or years. Despite ICE's own policy against detaining asylees with pending appeals, this gentleman has remained in ICE custody for a staggering year and a half — eventuating in his transfer into Vermont DOC custody. He has no criminal history and does not pose any national security concern. Without local support, he likely would have remained indefinitely detained, as appeals to the BIA can take years.
During one of VAAP's bimonthly facility visits at Northwest State Correctional Facility (NWSCF), VAAP advocates Andy Pelcher and Emma Matters identified the multiple systems-failure issues that led to this individual’s prolonged detention and needless, continuous movement across ICE facilities. Following their facility visit, Andy and Emma were able to put out a referral call which Nathan Virag of Association of Africans Living in Vermont (AALV) answered. Nathan and Andy worked together to quickly submit a motion for a Temporary Restraining Order (TRO) tied to a habeas petition to the District of Vermont to prevent further abuses by ICE.
The District Court swiftly granted our requested TRO relief prohibiting ICE from needlessly relocating this client across facilities anymore. Additional hearings on our habeas complaint are pending. Nathan is continuing to work with Andy and Emma to submit a bail motion on this individual's behalf, arguing for his release by judicial intervention due to the immigration administration’s numerous violations of its own policies regarding appeals. A short consultation on an ordinary Wednesday turned into a life-changing intervention.
Why this intervention and victory matters:
70% of detained individuals have colorable asylum claims and are exponentially less likely to assert and prevail in those claims without counsel.
Detained individuals are exponentially less likely to access counsel than nondetained individuals.
Many detained individuals are survivors of torture or extreme trauma—detention highly re-traumatizing.
Courts are recognizing the urgency of keeping people local so they can access attorneys.
This intervention was only possible because of:
Ongoing in-person visits to Northwest State Correctional Facility.
The commitment of staff members, volunteers, and partners like Nathan Virag, Andy Pelcher, and Emma Matters-Wood.
The Vermont immigration law community of practice sharing knowledge and technical assistance.
The family was deeply grateful, and so are we. We’re calling on our community to get involved:
Volunteer for regular facility visits.
Take referrals for individuals eligible for TROs.
Partner with us to ensure no one is left behind.
Even a short visit can make a life-changing difference.
