The San Diego federal lawsuit challenged weekslong delays to an in-custody migrant's initial appearance hearing
A settlement was reached Thursday in a federal class-action lawsuit that challenged weekslong delays faced by people in immigration custody waiting for their first appearance before a judge. Under the agreement, approved by a San Diego judge, people who request to see a judge promptly must have a first appearance hearing within 11 days of entering Immigration and Customs Enforcement custody.
It does not include people who are subject to expedited removal proceedings, unaccompanied minors, or individuals with administratively final removal orders. Recently arrived migrants who are seeking asylum are not included as class members until they pass their credible fear screening, Vakili said. “If they pass, then they are put into immigration court and then they become class members, and then they will see a judge quickly,' he said.
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