Cooley and the ACLU Achieve Class Action Settlement That Ends Deceitful Immigration Practices
San Diego — August 27, 2014 — Cooley LLP and the ACLU today announced an historic settlement in a class action lawsuit, Lopez-Venegas v. Johnson, that alleged deceptive and coercive immigration practices by immigration enforcement officers. Significant reforms to the process known as "voluntary departure" are in effect immediately, including major revisions to the information immigration officers must disclose to people choosing between voluntary departure and a hearing before an immigration judge. The settlement also includes class provisions that, if approved by the court, would allow certain Mexican nationals who have been expelled from Southern California pursuant to flawed voluntary departure procedures over the last several years to seek to reunite with their families here.
The settlement relates to a lawsuit filed in June 2013 in which nine Mexican nationals and three organizations that work with immigrants challenged deceptive tactics used by Border Patrol agents and Immigration and Customs Enforcement (ICE) officers to convince the plaintiffs to sign their own expulsion orders. All of the plaintiffs would have had strong claims to remain in the United States had they gone before an immigration judge instead of being pressured to choose voluntary departure.
"The United States derives its core strength from embracing the notions of fairness and due process under our Constitution," said Darcie Tilly, an associate in Cooley LLP's San Diego office, who worked on the project with the ACLU. "Therefore, we are heartened that this lawsuit should lead to the cessation of these forced ‘voluntary departures,' the improvement of our critical border patrol policies and practices, and if approved by the court, a procedure for the reunification of aggrieved individuals with their families." Cooley provided its services as co-counsel in this groundbreaking matter on a pro bono basis.
The class action lawsuit was filed by the ACLU Foundation of San Diego & Imperial Counties, the ACLU of Southern California, the ACLU Immigrants' Rights Project, and Cooley on behalf of the aforementioned individual plaintiffs and the Coalition for Humane Immigrant Rights of Los Angeles, the Pomona Economic Opportunity Center, and the San Bernardino Community Service Center.
About Cooley LLP
Cooley's attorneys solve legal issues for entrepreneurs, investors, financial institutions and established companies. Clients partner with Cooley on transformative deals, complex IP and regulatory matters, and bet-the-company litigation, often where innovation meets the law.
Cooley has more than 750 lawyers across 11 offices in the United States and China.
This content is provided for general informational purposes only, and your access or use of the content does not create an attorney-client relationship between you or your organization and Cooley LLP, Cooley (UK) LLP, or any other affiliated practice or entity (collectively referred to as “Cooley”). By accessing this content, you agree that the information provided does not constitute legal or other professional advice. This content is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction and you should not act or refrain from acting based on this content. This content may be changed without notice. It is not guaranteed to be complete, correct or up to date, and it may not reflect the most current legal developments. Prior results do not guarantee a similar outcome. Do not send any confidential information to Cooley, as we do not have any duty to keep any information you provide to us confidential. This content may be considered Attorney Advertising and is subject to our legal notices.