Immigration Law Clinic Wins Final Judgment for Detained Youths

After six years of litigation, the UC Davis Immigration Law Clinic won a final declaratory judgment in a five-claim nationwide class action seeking to provide greater protections for children in immigration custody. The judgment granting declaratory relief was a victory after the government argued the claims were moot after effectuating regulations implementing the court’s preliminary injunction.

 

In November 2018, UC Davis Immigration Clinic, along with other organizations, filed Lucas R. v. Azar, which alleges violations of rights afforded to unaccompanied immigrant children under the U.S. Constitution, federal statutes, and the Flores Settlement Agreement.

 

The case sought to deepen and expand protections for five separate classes of the most vulnerable children in custody, including: children with disabilities, children that get stepped up to more restrictive facilities, children who are not promptly released to sponsors, children who are administered psychotropic medications without procedural safeguards, and children whose lawyers are obstructed from comprehensive representation. In August 2022, the Court entered a preliminary injunction that protected the due process rights of two of the classes: children placed in restrictive facilities and children denied release to their sponsors.

 

The parties then settled the remaining three claims, expanding the rights of three classes of youth in immigration custody: youth with disabilities, youth prescribed psychotropic medication, and youth seeking assistance from legal counsel.