The LawsuitIn June 2013, the ACLU filed a class action lawsuit, Lopez-Venegas v. Johnson, on behalf of two Southern California immigrants’ rights organizations as well as seven individuals who the government had expelled through unfair voluntary returns. The settlement received final approval on February 25, 2015.

Each individual plaintiff :

Has significant family ties in the United States

Lacks any serious criminal history

Would have had a strong claim to stay in the United States lawfully had immigration officers not misinformed or pressured them to accept voluntary return.

The settlement includes provisions that will allow some of the

hundreds of thousands of Mexican nationals who have been expelled from the United States pursuant to unlawful voluntary returns to reunite with their families here.

Class settlement

What is Voluntary Return?

“Voluntary Return” is an informal process by which an individual who has been detained by Border Patrol or ICE agrees to be immediately expelled from the United States in lieu of formal removal proceedings before an immigration judge.

Many people have been removed to Mexico, but not all were removed pursuant to a voluntary return.

Class Eligibility

In order to qualify for class membership, an individual must:

Have been returned to Mexico from Southern California by means of “voluntary return” between June 1, 2009 and August 28, 2014;

Be in Mexico at the time of application for class membership; and

Have had a claim to remain in the United States at the time of the voluntary return.

Be Wary of Fraud

Only the ACLU and Approved Service Providers will be authorized to submit class membership applications.

The entire consultation and approval process will be free.

Know that qualifying as a class member is not the same as receiving lawful immigration status.

Do you know a class member?

Many people have been removed to Mexico, but only some will qualify for relief under Lopez-Venegas v. Johnson.

The application period ends on December 22, 2015. It’s important for potential class member to contact the ACLU as soon as possible.

The application process:First, contact the ACLU for a free

consultation. You may reach us at 619-398-4189 (from the U.S.), 01-800-681-6917 (from Mexico), or at avd@aclusandiego.org.

The ACLU will return all calls and emails and conduct an initial consultation. If an individual passes the initial screening, the ACLU may submit an application for class membership for the individual.

Approved class members will be permitted to return to the United States and may be placed in removal proceedings.