J.E.C.M. v. Lloyd

In this immigrant family-reunification case, plaintiffs have stated sufficient allegations to support procedural and substantive challenges to the Office of Refugee Resettlement’s policy to deny release of a minor in custody where the child’s sponsor cohabits with other adults who are unwilling to provide their fingerprints and biographic information to be shared with ICE for immigration-enforcement purposes. The plaintiffs claim that the policy should have gone through notice-and-comment rule-making and that it is arbitrary, capricious, and contrary to law.

The plaintiffs have also plausibly claimed that ORR’s policies and practices violate their procedural due process rights and the requirements of the Trafficking Victims Protection Reauthorization Act.

Six of the plaintiffs’ claims will be dismissed as moot, since they’ve received the relief they sought (children’s release into sponsor custody).

J.E.C.M. v. Lloyd, No. 1:18cv903, Nov. 15, 2018. EDVA at Alexandria (Brinkema).

Categories: Opinions, U.S. District Court - Eastern District of Virginia

Tags: ,

%d bloggers like this: