COMMUNITY ALERT!
ICE plans to begin arresting Cambodian community members for deportation in mid-February.
FEB. 2022
>>National Week of Action Feb. 15 to Feb. 18 SEAFN Toolkit <<

If you are Cambodian with a deportation order & were asked to check-in with ICE soon, speak to a lawyer for free at 415-952-0413.
For resources: SEAraids.org.

If you're in the state of Washington and have any concerns or questions please contact us.

IMPORTANT INFORMATION

Chhoeun v. Marin Community Advisory: April 2020 Court Order Requiring Notice
(click here for Khmer version)

On April 27, 2020, a federal judge issued a permanent injunction (a type of court order) against ICE in a class action lawsuit, Chhoeun v. Marin. The injunction requires ICE to provide written notice before re-detaining certain Cambodians with deportation orders. The court has approved lawyers from the nonprofit organization Asian Law Caucus and the law firm Sidley Austin to represent the “class” in the lawsuit.

Am I protected by the injunction?
The injunction protects the class in Chhoeun v. Marin. The class includes all Cambodians in the United States who:

1. Received a final order of deportation or removal
   
2. Were then released from immigration detention on an order of supervision
3. And since then, have not been convicted of a crime or violated their order of supervision
   in some other way.
   

The lawyers for the class do not have a list of every person who ICE believes is in the class, but if you meet the description above, you should be protected by the injunction.

How long will the injunction last?
The injunction does not expire. However, we believe the government will appeal the judge’s decision. An appeal will probably take two years or longer, so the injunction is expected to last at least until sometime in 2022.

What does the injunction do?

1. ICE must mail a written notice at least 14 days in advance that they plan to arrest a class member. The class member might not receive the written notice a full 14 days in advance.
2. As part of the written notice, ICE must provide the class member with copies of their immigration court charging documents, removal order, and criminal conviction records. This gives class members a chance to consult with an immigration lawyer about whether they might be able to reopen their case and cancel their removal order.
   
3.  A copy of the notice and documents must also be provided to lawyers who represent the class.
   

What does the injunction NOT do?

1. The injunction does not prevent ICE from arresting class members. ICE can still arrest class members as long as they provide written notice at least 14 days in advance.
2. The injunction does not require ICE to say exactly when, where, or how they plan to arrest a class member. For some people, the notice might tell them to report to a specific ICE field office on a specific date to be arrested. For other people, the notice might only say that ICE plans to arrest them no sooner than 14 days from now, without any details about the date or place.
   
3. The injunction does not prevent ICE from deporting class members.
   

Can I talk to a lawyer?
If you have questions about the injunction or believe that ICE has violated the injunction by arresting a class member without giving them the required notice or documents, call (415) 952- 0413 to speak to a lawyer at the Asian Law Caucus for free.

You can also call (415) 952-0413 to speak to a lawyer at the Asian Law Caucus for free about an upcoming ICE check-in or options for reopening your removal order. We cannot necessarily represent you in your individual immigration case but can provide a consultation.