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ACLU Virginia sues Trump administration over detaining of immigrant children as Hatch Act complaints surface

The American Civil Liberties Union of Virginia has filed a class-action lawsuit challenging President Donald Trump’s administration’s policy of detaining immigrant children without bond hearings, stating the practice violates decades of federal law intended to protect vulnerable youth.

The lawsuit, filed Thursday in the Eastern District of Virginia, names four plaintiffs who came to the U.S. after being abused, neglected or abandoned by their parents. All have obtained or applied for Special Immigrant Juvenile Status, a legal designation Congress created nearly 40 years ago to provide a pathway to citizenship for children who cannot safely return to their home countries.

鈥淭hese children have every right to pursue SIJS,鈥 said Sophia Gregg, ACLU senior immigrants鈥 rights attorney. But Immigration and Customs Enforcement is 鈥渞ecategorizing and reconsidering the entire federal regulations 鈥 and their justification really doesn鈥檛 hold any water.鈥

The four plaintiffs are currently being held at the Farmville and Caroline detention facilities in Virginia. According to the ACLU, their detention is part of a broader Trump administration strategy to classify immigrant youth with SIJS as 鈥渁rriving noncitizens,鈥 subject to mandatory detention and ineligible for bond hearings.

鈥淲e鈥檙e seeing this across the country for all individuals. Millions of people, potentially, are in immigration detention who would otherwise not have been a few months ago,鈥 Gregg told 海角精品黑料. 鈥淭hose unaccompanied minors are protected under the many federal laws and anti-trafficking laws that are specifically intended to protect children.鈥

Under the SIJS process, immigrant children must first be released to a sponsor, placed under custody orders from a state judge, and then they can apply for status. Visa availability can take years, but the protections Congress established were designed to prevent children from being detained while they wait.

Instead, the ACLU lawsuit argues, U.S. Immigration and Customs Enforcement is keeping children locked up and cutting them off from the ability to pursue their cases and effectively pressuring them to abandon their rights.

Gregg called the policy part of 鈥渁 mass deportation agenda,鈥 adding these are kids 鈥淐ongress intended to protect 鈥 and identified as being the most vulnerable and in need of protection.鈥

鈥淭he immigration courts are now taking the position, as is the rest of the Trump administration, that nobody, including this specifically vulnerable group, is entitled to hearings for the release under bond pending their immigration cases,” Gregg said.

The case, , was filed with co-counsel Tanishka Cruz of Cruz Law, and Patrice Kopistansky. The ACLU is seeking the immediate release of the named plaintiffs, as well as a ruling that would guarantee bond hearings for similarly situated minors nationwide.

Violation of the Hatch Act

On Friday, the watchdog group Public Citizen filed 11 complaints against major agencies, including the U.S. Department of Housing and Urban Development, Department of the Treasury, Department of Justice, Centers for Disease Control and Prevention, Department of Health and Human Services, Food and Drug Administration and the White House.

The of tampering with webpages and automatic out-of-office emails to blame Democrats for the government shutdown.

As of Friday afternoon, HUD’s website featured a banner and a pop-up message blaming the “Radical Left” for the current federal government shutdown.

screenshot of HUD website
A banner on the Department of Housing and Urban Development website currently reads, 鈥淭he Radical Left in Congress shut down the government. HUD will use available resources to help Americans in need.鈥 (Screenshot via 海角精品黑料 Staff)

Ethics experts argue the edits violate the Hatch Act, which bars political activity in federal workplaces and protects employees from partisan pressure. They warn the coordinated changes not only misrepresent federal workers but also use government resources to sway voters.

鈥淭his is unique. 鈥 These agencies are the biggest agencies in the federal government. You鈥檝e got a coordinated effort coming from the White House to get the entire federal government and all the different agencies working together to try to influence the electoral mood of the American public to support Donald Trump and oppose Democrats. I鈥檝e never seen this type of scope of violation of the Hatch Act before in my life,鈥 government affairs lobbyist Craig Holman said.聽

Holman, who filed the complaints with Public Citizen, added, 鈥淭his ought to be enough to actually make the Office of Special Counsel do something, or if they don鈥檛 do something, it gives me grounds for litigation.鈥

海角精品黑料’s Michelle Murillo contributed to this report.

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Heather Gustafson

Heather Gustafson is a Freelance Anchor/Reporter for 海角精品黑料, a DMV native and an聽Emmy award-winning journalist lauded for her 2020 Black Lives Matter protests coverage.

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