An immigration judge this week found three INS officials in Arizona in contempt of court for failing to respond to a subpoena in a case regarding the INS’s treatment of a Guatemalan teenager. The judge harshly criticized the INS what he called arrogance, deceit and civil rights violations, adding that the agency’s actions appeared to be designed to drag the case out until Salik turned 18.
The case stems from the INS’s failure to fingerprint Elmer Salik-Lopez, who has been in custody since January. Salik had applied for asylum, but each time he was scheduled for a hearing, because he had never been fingerprinted, the hearing was postponed and he remained in INS detention. This was despite INS regulations that limit the detention of minors to no more than 30 days.
Observers say this case is a clear indication of the problems inherent in having the INS both prosecute unaccompanied minors and act as their custodian. In many cases, the INS uses information it discovers in its role as custodian against the child in deportation proceedings. In Salik’s case, the INS sought to have his social worker testify against him.
In addition to finding the INS officers in contempt, the judge ordered Salik released from detention and granted him asylum. It is unclear what effect the contempt citation will have, since immigration judges are not part of the federal court system. Observers say, however, that even if the citation is not enforced, it is a clear message to the INS to change the way it deals with juveniles.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.