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Venezuelan migrants sue ICE for release over nearly yearlong detention

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Four Venezuelan migrants are challenging their nearly yearlong detention at a federal immigration facility. In a court filing, the migrants cited deteriorating diplomatic relations between the United States and Venezuela as a significant barrier.

The migrants, who are being held at the Otero County Processing Center in New Mexico, filed a lawsuit this week seeking their release, arguing that their extended detention violates their constitutional rights.

The legal action is backed by several advocacy groups, including the Las Americas Immigrant Advocacy Center and the ACLU of New Mexico.

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Repatriation efforts have become increasingly complex due to the U.S. tightening sanctions on the Nicolás Maduro regime, which has strained relations between the two countries. As a result, the migrants face uncertainty about their future.

Court documents indicated that one migrant was placed in solitary confinement after he refused to be removed to Mexico, while two others declined deportation to Mexico due to safety concerns. They reported knowing acquaintances who had been harmed or kidnapped there.

The lawsuit highlighted the human rights implications of prolonged detention, asserting that it inflicts severe psychological and physical harm on the migrants. As of March 2024, approximately over 4,000 Venezuelan migrants were in Immigration and Customs Enforcement (ICE) custody across the country, many facing similar challenges.

The case underscores the broader issue of how U.S. foreign policy impacts the treatment and rights of migrants, raising questions about the legality of their continued detention.

ICE has not commented on the pending litigation. The case continues to unfold in the U.S. District Court for the District of New Mexico.

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FOUR VENEZUELAN MIGRANTS ARE SUING U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT AFTER BEING HELD IN DETENTION FOR NEARLY A YEAR

THE MIGRANTS ARE CURRENTLY DETAINED AT THE OTERO COUNTY PROCESSING CENTER IN NEW MEXICO, AND ACCORDING TO COURT DOCUMENTS, THEIR DETENTION HAS LASTED BETWEEN 9 AND NEARLY 12 MONTHS. ADVOCACY GROUPS, INCLUDING THE A-C-L-U OF NEW MEXICO AND THE CENTER FOR CONSTITUTIONAL RIGHTS, HAVE FILED A SUIT ON THEIR BEHALF, ARGUING THAT THIS PROLONGED DETENTION VIOLATES THEIR DUE PROCESS RIGHTS.

THE FOUR INDIVIDUALS INITIALLY PASSED CREDIBLE FEAR INTERVIEWS AT THE U.S.-MEXICO BORDER, WHICH ALLOWED THEM TEMPORARY PROTECTION. HOWEVER, AN IMMIGRATION JUDGE LATER ORDERED THEIR REMOVAL. 

REPATRIATING THE MIGRANTS TO VENEZUELA HAS BEEN COMPLICATED DUE TO TIGHTENING SANCTIONS FROM THE U.S. ON THE MADURO REGIME. ICE IS OFFERING DEPORTATION TO MEXICO INSTEAD.

HOWEVER, TWO OF THE MIGRANTS REFUSED TO BE DEPORTED TO MEXICO, FEARING CARTEL-RELATED VIOLENCE, WHILE ANOTHER WAS ALLEGEDLY PLACED IN SOLITARY CONFINEMENT FOR REFUSING TO BE REMOVED. THEIR ADVOCATES SAY THESE CONDITIONS INFLICT SEVERE PSYCHOLOGICAL AND PHYSICAL HARM, AND ARGUE THE U.S. IS EFFECTIVELY HOLDING THEM INDEFINITELY.

AS OF EARLIER THIS YEAR, MORE THAN 4-THOUSAND VENEZUELAN MIGRANTS WERE BEING HELD IN ICE FACILITIES ACROSS THE COUNTRY, WITH MANY FACING SIMILAR CHALLENGES. 

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