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COURT: DETAINEES CAN SUE INS FOR RIGHTS ABUSES

A US District Court in Newark, New Jersey has held that immigrants can sue the Immigration and Naturalization Service for human rights violations at INS Detention Centers.

The ruling represents an expansion of rights for illegal immigrants who have traditionally not enjoyed the same rights as citizens or lawful permanent residents.

The case marks the first time that the Alien Tort Claims Act of 1795 has been used against domestic defendants instead of a foreign leader. In the past, the law had been used to help people sue despots like Philippines leader Ferdinand Marcos and Bosnian war crimes suspect Radovan Karadzic.

The defendants are suing the INS for violations at the same facility where detainees are currently staging a hunger strike (see the report on this earlier in this issue).

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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.

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