New York Daily News

Immigs get jail on their 18th b’days

- BY MEGAN CERULLO

A teen who fled his native Honduras to seek asylum in the United States, fearing for his life, was housed in a temporary shelter for unaccompan­ied children until his 18th birthday — at which point he was transferre­d to a jail cell, his attorney said.

On April 8, the day he turned 18, Nolbiz's wrists were handcuffed and chained to his waist, and his legs shackled together at the Homestead Temporary Shelter for Unaccompan­ied Children in South Miami-Dade. From there, he was moved to the Broward Transition­al Center in Pompano Beach — where he was placed in a cell with men in their 40s and 60s, the Miami New Times reported.

Immigratio­n and Customs Enforcemen­t refused to release Nolbiz to relatives in Nebraska — and immigratio­n attorneys, who have been successful in forcing ICE to release other 18-year-olds, say his treatment by ICE is illegal.

“On their 18th birthdays, ICE literally shows up, puts them and handcuffs, and takes them off to an adult facility where they are put in an orange jumpsuit, and they are housed in a prison with all adults,” said Lisa Lehner, an attorney for nonprofit Americans for Immigrant Justice. “It's just a continuing course of trauma that's totally, totally unnecessar­y.”

The Daily News is not using the teen's last name to protect his identity in case he is forced to return home.

Lehner, who is representi­ng the teen, said at least 14 children at the Homestead center have been transferre­d to Broward on their 18th birthdays. She and her colleagues have filed seven lawsuits on their behalf, prompting ICE to release five of the immigrants to relatives or guardians living in the U.S.

An ICE spokespers­on insisted the agency was acting in accordance with federal law and agency policy.

But Lehner disputes the legality of the practice, citing multiple legal precedents that require ICE to first work to unite juvenile immigrants with family members before throwing them in jail.

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