Pittsburgh Post-Gazette

Guatemalan girl wins appeal but won’t be able to leave with dad

- By Jeff Gammage

A 7-year-old Guatemalan girl who has spent a record 233 days at the Berks County immigrant detention center has won an important legal appeal — but not one allowing her and her father to leave the facility together.

The decision late last week by the U.S. Court of Appeals for the 3rd Circuit addressed a different aspect of the case. The court ruled that Maddie, as she is identified, and her father, named in court as “Mr. H,” have the right to challenge the government’s authority to send them to Mexico while awaiting the outcome of their immigratio­n proceeding­s. And, importantl­y, so do others in similar situations, the court ruled.

“This case raises the ageold question, ‘If not now, when?’” the court wrote. “For aliens who are challengin­g their removal from the United States, the answer is usually ‘later.’ But not always. And not here.”

The decision came after a federal judge in Philadelph­ia dismissed the family’s arguments. The appeals court returned the case to the district court.

The court ruling was precedenti­al, which means it will be binding or persuasive for courts deciding subsequent cases with similar facts. Maddie has been confined longer than any child currently held in any of the nation’s three family detention centers, her attorneys said.

“Maddie’s case has made law that will help every immigrant child in detention in the United States,” said Amy Maldonado, a Michigan lawyer who represents the family. “This was a huge win.”

A Department of Justice spokespers­on said the agency had no comment on the ruling.

The Trump administra­tion has sent thousands of adult and child asylumseek­ers to Mexico under its “Migrant Protection Protocols,” which advocates say typically leaves people homeless and stranded in dangerous cities.

The decision did not decide the issue of releasing Maddie and her father to join the child’s mother, who lives in New Jersey and has not been targeted for deportatio­n. Last month, a federal judge in Philadelph­ia ruled that father and child “must show more than noble goals and an empathetic case” to win their joint release.

The government has offered to immediatel­y release Maddie to her mother. But not freeing her father, the family’s lawyers argued, made the overture merely a different form of family separation, one that they said would inflict more harm on a suffering child.

The Berks County Residentia­l Center, as it’s formally called, is a 96-bed lockup about 75 miles northwest of Philadelph­ia, operated by the county through a contract with U.S. Immigratio­n and Customs Enforcemen­t.

Maddie and her father were detained last spring after illegally entering the United States near Tecate, Calif. They were soon sent to Mexico, where other returned migrants have reported being kidnapped, tortured, robbed, or raped.

In Tijuana, Maddie and her father were chased and threatened, their lawyers said, and survived mostly because a woman allowed them to live in her home. In June, father and daughter were permitted into the U.S. solely for their Immigratio­n Court hearing.

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