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Case Name A.I.I.L. v. Sessions IM-AZ-0028
Docket / Court 4:19-cv-00481-JAS ( D. Ariz. )
State/Territory Arizona
Case Type(s) Immigration and/or the Border
Attorney Organization ACLU Chapters (any)
ACLU Immigrants' Rights Project
Case Summary
On October 3, 2019, immigrant children and their parents filed this class action in the U.S. District Court for Arizona. The plaintiffs sued various personnel from five federal departments: the Department of Justice (DOJ), including Jeff Sessions; the White House, the Department of Homeland ... read more >
On October 3, 2019, immigrant children and their parents filed this class action in the U.S. District Court for Arizona. The plaintiffs sued various personnel from five federal departments: the Department of Justice (DOJ), including Jeff Sessions; the White House, the Department of Homeland Security (DHS), including John Kelly; the U.S. Department of Health and Human Services (HHS); and the Office of Refugee Resettlement (ORR). The plaintiffs sued under §§ 1985 and 1986 and Bivens, claiming violations of the Fourth and Fifth Amendments. The plaintiffs alleged that defendants’ policy of separating children from their parents at the U.S. border caused irreparable and psychological and physical damage to children and parents. They claimed that this practice was intended to inflict pain on immigrants in hopes they would abandon their asylum cases and to deter other immigrants from seeking asylum. After children were separated, they were detained in punitive conditions, and the defendants failed to adequately track children so as to reunite children with their parents. The plaintiffs sought compensatory and punitive damages. They also sought certification of two classes: (1) a class of all minor children who had arrived since 2017 and been separated from their parents by DHS or its agencies without a hearing demonstrating that a parent was unfit or dangerous to the child, and (2) a class of all parents of minor children subjected to the same separation with a hearing. The case was assigned to Judge James A. Soto.

As of October 23, 2019, the case was ongoing.

Cedar Hobbs - 11/03/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Unreasonable search and seizure
Defendant-type
Law-enforcement
Discrimination-basis
Family discrimination
Immigration status
National origin discrimination
General
Classification / placement
Conditions of confinement
Failure to supervise
Family reunification
Juveniles
Neglect by staff
Parents (visitation, involvement)
Pattern or Practice
Placement in detention facilities
Youth / Adult separation
Immigration/Border
Admission - procedure
Asylum - procedure
Border police
Constitutional rights
Detention - conditions
Detention - criteria
Detention - procedures
Family
Status/Classification
Undocumented immigrants - rights and duties
Language
Spanish
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1985
Ex Parte Young (Federal) or Bivens
Defendant(s) United States
United States
United States
United States
Plaintiff Description Two classes of immigrant children and their parents separated at United States immigrant facilities.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU Immigrants' Rights Project
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2019
Case Ongoing Yes
Docket(s)
4:19-cv-481 (D. Ariz.)
IM-AZ-0028-9000.pdf | Detail
Date: 10/23/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
IM-AZ-0028-0001.pdf | Detail
Date: 10/03/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Soto, James Alan (D. Ariz.) show/hide docs
IM-AZ-0028-9000
Plaintiff's Lawyers Balakrishnan, Anand V. (New York) show/hide docs
IM-AZ-0028-0001 | IM-AZ-0028-9000
Chepiga, Geoffrey (New York) show/hide docs
IM-AZ-0028-0001 | IM-AZ-0028-9000
Galindo, Daniel Antonio (New York) show/hide docs
IM-AZ-0028-0001 | IM-AZ-0028-9000
Gelernt, Lee (New York) show/hide docs
IM-AZ-0028-0001 | IM-AZ-0028-9000
Goldberg, Emily Beth (New York) show/hide docs
IM-AZ-0028-0001 | IM-AZ-0028-9000
Goldblatt, Hallie S. (New York) show/hide docs
IM-AZ-0028-0001 | IM-AZ-0028-9000
Herzog, Steven C. (New York) show/hide docs
IM-AZ-0028-0001 | IM-AZ-0028-9000
Lieberman, Martin (Arizona) show/hide docs
IM-AZ-0028-0001 | IM-AZ-0028-9000
Rabinovitz, Judy (New York) show/hide docs
IM-AZ-0028-0001
Reinert, Alexander A. (New York) show/hide docs
IM-AZ-0028-0001 | IM-AZ-0028-9000
Rubin, Jacqueline P. (New York) show/hide docs
IM-AZ-0028-0001 | IM-AZ-0028-9000

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