On August 16, 1994, attorneys with Northwest Immigrant Rights Project, the National Immigration Law Center, the Catholic Legal Immigration Network, the American Civil Liberties Union Immigrants' Right Project, and private firms filed suit in the United States District Court for the Western District of Washington, challenging the notice procedures employed by the Immigration and Naturalization Service (INS) in document fraud cases. Plaintiffs were aliens who allegedly violated the INS' document fraud provisions by using use fake social security cards, birth certificates, driver's licenses, and other phony documents. Because of the document fraud charges, plaintiffs became subject to final orders pursuant to Section 274C of the Immigration and Naturalization Act of 1990, 8 U.S.C. § 1324c, and thereby faced permanent exclusion and deportation. Plaintiffs alleged that the INS' procedures and standardized notice forms in Section 274C document fraud cases failed to adequately advise them of their rights and the consequences of waiving them and were unconstitutional. They sought declaratory and injunctive relief and class certification.

Plaintiffs' moved for class certification, a preliminary injunction and summary judgment. The INS filed a cross-motion for summary judgment.

The District Court (Judge John C. Coughenour) granted class certification, entered summary judgment for plaintiffs and determined plaintiffs were entitled to permanent relief. Walters v. Reno, 1996 WL 897662 (W.D.Wash. Mar 13, 1996). The Court then entered a permanent injunction requiring INS to change its procedures and forms to remedy due process violations. Walters v. Reno, 1996 WL 897663 (W.D.Wash. Oct 02, 1996). The INS appealed. The Court of Appeals (Circuit Judge Reinhardt) affirmed in most respects, but instructed the district court to modify its injunction to delete the requirement that INS forms be printed in both English and Spanish. Walters v. Reno, 145 F.3d 1032 (9th Cir. 1998). Certiorari was denied. Reno v. Walters, 526 U.S. 1003, 119 S.Ct. 1140, 143 L.Ed.2d 208 (1999).

On remand, the District Court entered a partial stay of the injunction so that the parties could engage in settlement negotiations. The parties entered into a Settlement Agreement which was submitted to the Court for approval and a fairness hearing. On February 22, 2001, Chief Judge Coughenour formally approved the Settlement Agreement, retaining jurisdiction for two years for enforcement purposes. The Agreement called for the INS to use a revised section 274C NIF form which fully and accurately communicated the nature and consequences of the section 274C charges. The INS also agreed to stop soliciting or accepting waivers of the right to a section 274C hearing from aliens. Certain 274C final orders issued before the use of the new form were to be vacated. Per the Agreement, the INS was to pay plaintiffs' attorneys' fees in the sum of $622,340.00 and costs in the sum of $44,082.00.

Dan Dalton - 12/11/2007


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