Orantes-Hernandez v. Thornburg

A class action was brought against the Immigration and Naturalization Service (INS) (defendant) by a class of Salvadorian citizens who had entered the United States, were eligible to seek asylum, and had been or would be taken into custody by the INS (the immigrants) (plaintiffs). The action claimed that INS agents had prevented the immigrants from exercising their right to apply for asylum, as granted by the Immigration and Nationality Act (INA), and with their right to obtain counsel. The immigrants claimed that INS agents had routinely coerced the immigrants to sign a voluntary-departure form, which eliminated the immigrants’ ability to apply for asylum, and that these actions were undertaken even against immigrants who expressly asked about asylum. The district court issued a preliminary injunction against the INS and then began an extensive factfinding procedure. The district court uncovered substantial evidence clearly establishing that INS agents, both before and after the issuance of the preliminary injunction, had systematically acted in a way that interfered with the immigrants’ right to apply for asylum, such as by coercing them to sign the voluntary-departure form, offering false information about the asylum procedure, and failing to facilitate access to legal counsel. The district court therefore issued a permanent injunction, which required the INS to notify members of the class of their right to seek asylum and obtain legal counsel, and prohibited the INS from coercing the immigrants to sign voluntary-departure agreements or otherwise interfering with these rights. The government appealed the issuance of the permanent injunction.