The “voluntary departure”
One of the quickest ways to deport someone is to make them sign a “voluntary departure” form. That way, an undocumented Mexican citizen is back in his country in a few hours. In many cases, people make the decision to sign the deportation without having the necessary information and under pressure from immigration authorities. That is not right.
A settlement reached yesterday in the lawsuit that the American Civil Liberties Union (ACLU) filed against immigration authorities makes very important changes to the way that “administrative voluntary departures” are handled.
Specifically, it creates ways for the detainee to be able to obtain enough information to know whether in his or her situation, it is better to appear before an immigration judge or be removed immediately. There have been too many times when individuals could have a legal case to be able to stay, for whatever reasons, and sign their deportations because they lack information.
There will now be a series of specific requirements that authorities must fulfill so that detainees have an opportunity to find out about their options, besides deportation.
The settlement is a major step forward in bringing the American legal system closer to the immigration one. The rights of suspects, which have to do with committing a crime, do not exist for the undocumentedeven those who appear in immigration court.
Immigration agents take advantage of that lack of protections to pressure detainees into signing their deportations, whether by not providing them information or misinforming them. That is how thousands of families have been unnecessarily separated, because of the lack of information.
The settlement, which needs to be ratified, is another very important step in protecting undocumented immigrants. They are not getting special treatment. On the contrary: they are being protected from lack of information and tricks, all to speed up their deportations.
