A group of women and children have filed a lawsuit against the United States Department of Homeland Security for violating the right of due process. The lawsuit comes as Homeland Security is speeding up deportations. This group was previously detained at New Mexico immigration facility.

Many of the woman and children at the Center are asking for asylum in the United States as they have fled violent communities in Central America. The right to asylum is a concept that allows a person fearing persecution or violence in their own country to seek the protections of another country.

The lawsuit was filed by the National Immigration Law Center, the American Civil Liberties Union, and other attorneys and immigrant rights groups on behalf of seven women and three children.

Preventing Asylum in the United States

The center under fire in this lawsuit is the Artesia Family Residential Center in New Mexico. The Center has previously been accused of a number of problems, and lawsuit alleges that United States officials are more concerned with deportations than hearing valid cases. The government is said to be rushing deportations rather than allowing a fair trial to those seeking asylum.

The Artesia Family Residential Center is accused of:

• Not allowing women outside communication with their lawyers, keeping them from knowing their legal rights
• Forcing children be present when violence, sexual abuse, and threats are recounted to officials
• Isolating women from legal help by preventing telephone calls and mail
• Intimidating women that seek legal counsel for asylum claims
• Prejudging asylum cases and deciding which ones would succeed
• Establishing practical hurdles to obtain asylum by not allowing lawyers into meetings and interviews
• Using stricter standards to evaluate asylum claims
• Keeping the facility in an unsanitary condition

Homeland Security has argued that with the immense number of those seeking asylum, their actions have been humane.

Lawsuit Against the Artesia Center

In the Artesia facility, 38% of asylum cases have been deemed credible. In October 2013, 80% of asylum cases were found to be credible. The lawsuit is being filed to question this number and ensure that the United States is not denying women and children in need of protection the human right to asylum they deserve.

The lawsuit seeks to allow all held at the facility the right to a fair immigration court hearing regarding their asylum claims. It further requests the return of nearly 300 women and children that were deported without a fair asylum trial.

The woman and children that the lawsuit is filed for have all mentioned threats of violence and death against them and their families. Those seeking asylum due to fears of violence are legally entitled to a hearing before a judge. This hearing will determine the credibility of their claims and whether or not to grant asylum. These cases need to be considered on their individual merits.

The surge of Central American immigrants from Honduras, Guatemala, and El Salvador is linked to gang violence, rape, and death threats that commonly occur in these countries. Many of those at the Artesia Center come from these countries.

Any person entering the United States and seeking asylum has the right to an immigration attorney to oversee their case. Having access to an attorney can provide legal guidance that can help ensure that no person is returned to a dangerous situation in their home country.