
七人此前被美国移民与海关执法局(ICE)拘留,周二对该机构提起诉讼,指控其在被拘留人员获释数月后,仍非法拒绝归还其个人文件和财物。
Seven people detained previously by ICE filed a lawsuit on Tuesday against the agency, accusing it of illegally refusing to return their personal documents and belongings months after they were released from custody.
据称被扣留的物品包括社会保障卡、就业授权文件和手机,七名原告认为这违反了第四修正案,也违背了ICE自身的扣押指令——该指令仅允许官员因明确理由(如与刑事案件相关)保留财物。
Items allegedly withheld include Social Security cards, employment authorization documents, and phones, which the seven individuals allege is a violation of the Fourth Amendment—and ICE’s own confiscation directive, which only permits officers to keep belongings for a clearly defined reason, such as relation to a criminal case.
哥伦比亚特区美国公民自由联盟(ACLU of DC)是代表七名原告的机构之一,部分依据了2024年华盛顿特区联邦上诉法院的一项裁决,该裁决禁止该市警方扣押个人财物的时间超过法院认为合理的期限。
The ACLU of the District of Columbia, one of the bodies representing the seven plaintiffs, pointed in part to a 2024 federal appeals court ruling in Washington, DC, that barred that city’s police from holding personal property they seize for what the court deemed an unreasonable length of time.
诉讼称,扣留就业文件等物品会阻止移民保住工作——至少部分原告证实他们确实因此失去了工作——且因缺乏文件而害怕离开家门。
Withholding items like employment documents prevents immigrants from being able to keep their jobs, the suit contends—at least some of the plaintiffs attest that they have indeed lost their jobs—and makes them fear leaving their homes due to lack of documentation.
一名来自俄罗斯、正在申请庇护的原告弗拉基米尔·伊斯梅洛夫(Vladimir Izmailov)因缺少工作授权文件“无法获得有意义的就业”,哥伦比亚特区ACLU如此写道——诉状详细说明,ICE至今未归还这些文件,以及包括他结婚戒指在内的其他物品,已超过五个月。
One plaintiff from Russia with a pending asylum case, Vladimir Izmailov, was “unable to get meaningful employment without his work authorization documents,” ACLU of DC wrote—the suit details that ICE hasn’t returned these documents, and other items including his wedding ring, for more than five months.
“我现在难以养家,因为ICE仍然扣留着证明我有工作许可的文件,”伊斯梅洛夫说道;他表示,自己被迫借钱支付房租,以维持自己、妻子和两个孩子的生活。
“Now, I’m struggling to provide for my family because ICE still has my documents that show I am authorized to work,” Izmailov stated; he said that he has been forced to borrow money to make rent and continue to house himself, his wife, and their two children.
此次诉讼是在一系列类似事件的报道之后提出的。我的同事朱莉娅·卢里(Julia Lurie)在二月份曾报道明尼苏达州的案例:“人们通常拿不到自己的东西,这更像是常态而非例外。”明尼阿波利斯移民律师格雷厄姆·奥哈拉-巴博尔(Graham Ojala-Barbour)在接受该文章采访时表示。“据我所知,ICE的做法是把所有人的文件都扔进一个黑箱子里,然后弄丢。”
The lawsuit comes following a series of reports of similar incidents. My colleague Julia Lurie wrote about cases in Minnesota in February: “It’s more the rule than the exception that people generally are not given their stuff back,” Graham Ojala-Barbour, a Minneapolis immigration attorney, said in an interview for that article. “As far as I can tell, it’s the practice of ICE to throw everybody’s documents into a black box and then lose it.”
她当时报道如下:联邦法律要求非公民随身携带其合法身份的证明。“政府不将这些文件归还给相关人士,实际上是在迫使他们随身携带政府本人说他们应该随身携带的文件而四处走动。”明尼苏达州移民法律中心政策主任朱莉娅·德克尔(Julia Decker)表示。
As she reported at the time: Federal law requires noncitizens to carry proof of their lawful status. “The government not returning these documents to folks is essentially forcing them to walk around without this document that the government itself says these folks are supposed to carry with them,” says Julia Decker, policy director of the Immigrant Law Center of Minnesota.
原告要求法院下令ICE归还他们的物品,并阻止该机构继续无正当理由非法扣押财产。
The plaintiffs are asking the court to order ICE to return their items—and to stop the agency from continuing to unlawfully retain property without just reason.