Washington Square Legal Services, Inc. (WSLS) alleges that the Office of the Solicitor General may have lied in front of the Supreme Court in a 2009 case (Nken v. Holder) as to whether the Immigration and Customs Enforcement (ICE) had a policy in place for returning individuals who had been wrongfully deported. WSLS issued a press release on March 9, 2012, stating that a new memo from ICE dated February 24, 2012, demonstrated that there was no government policy in place to return wrongfully deported individuals in 2009 and raises more questions than answers about how ICE deals with these cases.
"It includes no concrete information on how people wrongfully deported are to be returned to the United States. Instead, this memo seems designed to help the government convince courts that it has a polic in place, when all other evidence points to the contrary," said Jessica Chicco of the Post-Deportation Human Rights Project at Boston College.
ICE claimed that the policy has always existed but the latest February directive does not provide effective relief measures nor does it provide a procedural framework. The directive also failed to explain how the government would communicate with individuals who have been wrongfully deported how they could return to the United States, particularly for individuals who do not have legal representation in the U.S.
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