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Local News in Brief : Judge Rules Against INS

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A Los Angeles federal judge has ruled that the U.S. Immigration and Naturalization Service can no longer require that children held in government custody be released only to their parents, relatives or guardians, a requirement viewed as a trap by INS critics.

U.S. District Judge Robert J. Kelleher held in the windup of a 3-year-old case that the INS must now release an eligible minor to his parents, guardian, custodian, conservator or “other responsible party.”

Carlos Holguin, general counsel for the National Center for Immigrants’ Rights, praised Kelleher’s decision, saying it “will end the nightmare for many recently arrived immigrant and refugee children who have, until now, been jailed by the INS with unrelated adults in conditions that shock the conscience. These children will no longer be held as ‘bait’ to force the surrender of their undocumented parents.”

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The INS has denied the allegation.

Kelleher’s judgment goes into effect immediately in the INS’ Western region, which includes California, Arizona, Nevada and Hawaii.

The INS agreed in a settlement of part of the suit in November that it would house minors in its custody in facilities equal to those in which other juveniles are held.

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