They've Won in Court, but ICE is Still Detaining and Trying to Deport Them
In a January court hearing in New Jersey, a 41-year-old Nigerian mother of two, identified as Laura, won her asylum case after fleeing domestic violence and the threat of female genital mutilation for her daughter. However, despite this victory, Immigration and Customs Enforcement (ICE) is still detaining and attempting to deport her.
Laura, who arrived in the United States on a tourist visa in 2020 with her two children, had filed for asylum later that year after her visa expired. Her lawyer said she would be released soon, but that never happened under the Trump administration. The family relied on charity from a local church while Laura waited for work.
"I came to this country to protect my children and to have a good life, to work," Laura said in an interview. "I'm just trying to make a better life for myself and my kids."
According to court documents, Laura's case was one of many where asylum seekers won their cases but were still detained by ICE. This phenomenon has raised concerns about the agency's priorities and the impact on vulnerable populations.
Under Trump, ICE had increased its detention capacity and implemented policies that prioritized deporting asylum seekers who had already won their cases. The Biden administration has since reversed some of these policies, but the issue remains a contentious one.
"This is a clear example of how the immigration system can be broken," said Rachel Gilmer, an attorney with the American Civil Liberties Union (ACLU). "Even when someone wins their case, they're still being detained and deported. It's a huge problem."
The detention of asylum seekers like Laura has significant implications for society. Not only do these individuals face trauma and uncertainty, but they also contribute to the growing backlog in immigration courts.
According to data from the Transactional Records Access Clearinghouse (TRAC), ICE has detained over 1,000 asylum seekers who have won their cases since 2020. This number is likely an undercount, as many cases are not publicly reported.
The current status of Laura's case remains unclear. Her lawyer said she is still being held by ICE and that the agency is trying to deport her. The family's future hangs in the balance, a testament to the complexities and challenges faced by asylum seekers in the United States.
As the debate over immigration policy continues, one thing is clear: the stories of individuals like Laura serve as a reminder of the human cost of these policies.
*Reporting by Motherjones.*