Thread: Did someone say we couldn't sue the Federal Gov??

U.S. Holds Immigrant Children Illegally in Prison-Like Conditions

The ACLU filed lawsuits on behalf of ten immigrant children this week, who are being held illegally in a Texas medium-security prison which has been converted into a “Family Residential Facility.” Approximately 400 people are currently detained at the T. Don Hutto facility in Taylor, Texas, half of them children.

The lawsuits filed against Michael Chertoff, Secretary of the U.S. Department of Homeland Security, as well as six officials from U.S. Immigration and Customs Enforcement (ICE), charge that these children are being imprisoned under inhumane conditions while their parents await immigration

Originally Posted by Gabriel

Originally Posted by Nomoremex

then what is this all about?

Immigrant crime victims sue over visas
THE ASSOCIATED PRESS
SAN FRANCISCO – Undocumented immigrants who have suffered violent crimes sued the federal government Wednesday for failing to issue them protective visas approved by Congress more than six years ago.

The Victims of Trafficking and Violence Protection Act, signed in 2000, created a visa category that would let victims of violent crimes who overcome their fear of deportation and cooperate with law enforcement to remain in the country and eventually apply for permanent residency.

But federal immigration authorities still have not issued application forms or regulations for the "U" visa, making it impossible for qualifying immigrants to take advantage of the protection, the attorneys said.

"We finally decided that without the intervention of the federal courts, we could easily be waiting for another six years before an application form is made available," said Peter A. Schey, president of the Center for Human Rights and Constitutional Law and lead counsel for the lawsuit filed in U.S. District Court in San Francisco.

The groups filing the lawsuit on behalf of a dozen qualifying immigrants also include the Asian Pacific Islander Legal Outreach and several other immigrant organizations. The defendants are Homeland Security Secretary Michael Chertoff and the U.S. Citizenship and Immigration Services.

The suit asks the court for an injunction requiring the federal government to expedite 'U' visa applications and issue regulations.......
This is the second suit filed by legal groups representing immigrants asking for implementation of the U visa. The first was voluntarily dismissed by the plaintiffs after the Department of Homeland Security went to Congress and got an extension to issue

If these illegals can sue the Feds then why can't we ?

Am I off base - legally- on this one?

They're NOT doing their jobs and they're purposely endangering the lives of Americans.

Yes you can, but you need their permission (they must authorize the suit to go forward based on your particular claim).

Yes, it's posted above. Under the Tort Claims Act, there are limited cases in which you can sue the federal government, and the government must consent to being sued. Gabriel is basically correct, but it is the Federal Tort Claims Act that defines what lawsuits may be brought and whether the federal government will allow them.

How about HomeLand Security or ICE or somebody?

Originally Posted by dyehard39

How about HomeLand Security or ICE or somebody?

Again, that would be at the government's discretion based upon the Federal Tort Claims Act.