The ABA Journal Blog reports on a ground-breaking agreement between TN Shelby County and the US Dep’t of Justice. The agreement regards the juvenile judicial system, includes the following provisions:
- Teens will be advised of their Miranda Rights;
- Teens will get a probable cause hearing on detention within 48 hours; and
- Teens will get help from specially trained public defenders.
This agreement arose from a federal investigation which found the following:
- Black teens were twice as likely as white teens to be detained;
- Black teens were transferred to adult criminal court for low-level offenses;
- Black teens were subjected to unnecessary restraints;
- Black teens were not advised of their Miranda rights; and
- Black teens were held in detention on weekends and holidays because no probable cause hearings were held.
via A Tennessee County Agrees to Grant New Protections to Accused Juveniles in Template for Reform – News – ABA Journal.
The ACLU and its partners filed a class-action lawsuit on behalf of hundreds of immigrants in New Jersey subject to mandatory immigration detention. The lead plaintiff, Garfield Gayle, a 59-year-old green card holder from Jamaica, has lived in the United States for 30 years. Nearly eight months ago, when federal agents put him in handcuffs at his home, he learned that the government was trying to deport him based on an alleged attempted drug sale offense that happened more than 17 years ago.
“There is no reason to incarcerate people for months or even years on end when they have every incentive to show up in court, fight their cases, and win the right to stay in America with their loved ones,” said Michael Tan, lead attorney on the case.
Heres a link to the complaint.
According to the ACLU, “the case exemplifies many of the problems with widespread, costly and inhumane detentions around the country; there is of course great hope that some of this can change now that there is a lot of talk about immigration reform. Mr. Gayle, along with a record-breaking 429,000 immigrants in the U.S. in 2011, is being held in a detention center even though he has long roots and family in the U.S. and poses no threat.”
For additional information on the issue of immigrants in detention, click here.
via ImmigrationProf Blog: ACLU Files Class-Action Lawsuit on Behalf of Detainees.