Hundreds, if not thousands, of immigrants who signed “voluntary” deportation will be given the opportunity to apply to return to the United States and seek legal status, a federal court ordered last week. 

The decision is part of a settlement that addresses deceptive tactics used by immigration officers who deprived those who signed the voluntary return documents their right to see a judge.

“Today’s ruling acknowledges that the protection of our borders cannot come at the cost of the rights guaranteed by the Constitution,” said Gabriela Rivera, attorney of the ACLU of San Diego & Imperial Counties. “Now we can begin the process of reuniting some of the families who could have remained together in the United States but were driven apart by government practices that rely upon misinformation, deception, and coercion.”

In June 2013, the ACLU filed the lawsuit on behalf of individuals who were wrongfully expelled from the United States and who had family ties that could have helped them obtain relief against deportation.

In August 2014, as part of the settlement, nine plaintiffs returned to the United States.

“My expulsion from the United States was incredibly difficult for my family. I know that many others have been harmed by the government’s ‘voluntary return’ practices and I’m happy that today their dream of returning home and hugging their family can come true, like mine did,” said Isidora Lopez-Venegas, one of the plaintiffs.

The mother of three signed a voluntary return form in 2011 after being threatened that if she did not, her then 10-year-old child, who was born in the United States, and who had been diagnosed with autism, would be sent to a foster home while she was detained.

Lopez-Venegas signed her “voluntary” deportation and was expelled to Mexico. Her son was forced to move with her to Mexico. They lived there for three years separated from Lopez-Venegas’ two daughters. 

After last week’s court decision the ACLU and other organizations will be leading the search for potential class action plaintiffs in Mexico.

To qualify as a class action plaintiff under the voluntary return settlement an individual must:

• Have signed a “voluntary return” form between June 1, 2009 and August 28, 2014 and been expelled to Mexico;
• Have had certain reasonable claims to reside in the U.S. lawfully at the time the “voluntary return” form was signed;
• Have been processed by Border Patrol officers from the San Diego Sector or by Immigration and Customs Enforcement (ICE) officers from the San Diego or Los Angeles field offices; and
• Be physically present in Mexico at the time of submission of application for class membership.

For more information, send an email to [email protected] or call 619-398-4189 within the United States or, from Mexico, call 01-800-681-6917.