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Argueta Caal v. United States, 23-cv-00598, Northern District of Illinois 

IRC represents a father and son who were separated at the U.S.-Mexico border during the Trump Administration’s Zero Tolerance Policy. Under this policy, the government separated thousands of migrant families as a means of deterring migration and penalizing asylum seekers. Although President Biden officially rescinded this policy in 2021, these families continue to suffer from long-lasting trauma. Among thousands of families harmed by this policy. 

Selvin Sr. and his then 16-year-old son, Selvin Jr., fled Guatemala after receiving multiple credible death threats from local gangs that wanted to force Selvin Jr. to join their gangs. After an arduous 18-day journey on foot, car, and bus to the border to lawfully seek asylum, they were quickly separated and put into different detention facilities in horrendous and inhumane conditions. Selvin Sr. was subsequently deported. 

After nearly two years of separation, Selvin Sr. reunited with his son in Chicago in 2020 after a federal court found his deportation unlawful and permitted him to return to the United States. However, the father and son still suffer from long-lasting physical and emotional trauma. 

IRC filed a federal lawsuit in February 2023 under the Federal Tort Claims Act seeking compensation for their extended separation. The clinic is currently awaiting a decision on the government’s motion to dismiss. 

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Court Documents

Alice Thompson, ’23; Jace Lee, ’23; Fernando Stepensky, ’23; and Allison O’Connor, ’24, participated in the litigation. 

Ameen v. Jennings, No. 22-CV-00140-WHO (Northern District of California)

In January 2022, IRC filed a federal habeas action in the Northern District of California on behalf of Omar Ameen, a refugee of Iraq who the government falsely accused of being a member of ISIS. After trying and failing to extradite Mr. Ameen to Iraq based on murder charges that a magistrate judge found were not supported by probable cause, the government initiated removal proceedings to strip him of his refugee status. After the immigration judge rejected the government’s terrorism allegations a second time and granted Mr. Ameen withholding of removal to Iraq, Mr. Ameen sought release from detention but was denied bond.

The district court granted Mr. Ameen a second bond hearing in Ameen v. Jennings, No. 22-CV-00140-WHO, 2022 WL 1157900 (N.D. Cal. Apr. 19, 2022). IRC is back before the district court for a second time after bond was denied again in the second hearing. In meantime, the district court’s favorable decision on the habeas petition has been appealed to the Ninth Circuit by the government.

Alice Thompson, ’23, argued the case in April 2022.

Press Coverage

Court Documents

​Hon. William Orrick, Decision and Order, No. 22-CV-00140-WHO, April 19, 2022. (PDF)

Navarro v. Will County, No. 23-cv-01286-HDL, Northern District of Illinois

In March 2022, the Clinic filed a motion seeking the release of a Chicago resident being held by Will County on a material witness warrant as an end run around the Illinois Way Forward Act, which prohibits local jurisdictions from detaining non-citizens for civil immigration violations. After the Illinois Attorney General Office intervened, Will County agreed not to turn him over to ICE and released him instead. He has now reunited with his family.

Press Coverage

In March 2023, IRC filed a lawsuit against Will County under Section 1983 for the unlawful detention. Centro de Trabajadores Unidos (CTU), one of IRC’s community partners, held a press conference to draw attention to the issue of local non-compliance with Illinois sanctuary laws.

Press Coverage

Court Documents

Johan Gonzalez, ’23, and Renee Girard, ’24, participated in the litigation.