Despite the court winning, the immigrants remain detained as the snow wants to move them

Washington – RV had already spent six months in detention at a facility in California when he won his case in immigration court in June.

He testified that he had fled his native Cuba in 2024 after protesting against the government, who had been arrested and monitored. So, after being kidnapped in Mexico, he entered the US illegally and told border agents he feared for his life.

An Immigration Court judge granted protection from deportation to Cuba, and RV, 21, was looking forward to reuniting with family in Florida.

But RV, who asked that his full name not be used for fear of government reprisals, has not been released. At the Detention Center, he said, agents said they were still figuring out a way to deport him — if not to Cuba, then maybe Panama or Costa Rica.

“Waiting is very difficult,” he said in an interview. “It’s like they don’t want to accept that I’m winning.”

RV is among the advocates of what immigration describes as an upward trend: some immigrants who receive deportation protection in their home countries are detained indefinitely.

Usually, that person was caught while the federal government transferred their win or sought out another state willing to import it.

The government for a long time had the ability to make such appeals or find another country where it could deport the person; Department of Homeland Security usually 90 days find somewhere else to post them.

But, in practice, such third-country removals were rare, so the person was often released and allowed to stay in the US

That trend has changed under the Trump Administration. Recent evacuation orders and other enforcement officials are looking at people who have been detained. June 24 memofor example, he says “field offices no longer have the option of releasing as aliens.”

In the magazine they are cases involving immigrants, rather than receiving asylum, given one of the two types of assistance, known as the order of “protection under the convention of nations. Both have a higher burden of proof in the application but do not provide a way to become a citizen.

These types of relief differ from belief in an important way: While asylum protects against deportation anywhere, others only protect against deportation to a country where the person poses a risk.

Jennifer Norris, an attorney at Fimitiki Penile Law, said the government’s action now effectively provides removal and protection under the reasonable harassment convention.

“We have entered a dangerous period,” Norris said. “These are clients who did everything right. They won their cases in front of an immigration judge and now they are being treated like criminals and remain incarcerated even after the immigration judge rules in their place.”

Laura Lunn, Director of Camps and Courts for the Rocky Mountain Induant Network Organization in Colopado, noted that the rules against double jeopardy do not apply in these cases, so the government has the ability to file an appeal when it loses.

“Here, they still have inadequate control over whether someone is incarcerated because, as long as they file a complaint, that person can stay in jail for at least six months or whatever,” said Lunn.

Homeland Security did not respond to specific questions and declined to comment.

Lawyers representing immigrants in long-term cases say the government is keeping people incarcerated in hopes of wearing down their clients so they give up their fight to stay in the U.S.

NGựa, a Vietnamese man who asked to be identified by his family nickname, which means horse, has been detained in California since crossing the southern border illegally in March.

NGựA fled to Vietnam last year after being harassed by police who tried to extract a “protected tax” from him, according to his asylum application. When he refused, the police beat and tied him up, threatening to kill him and his family.

An immigration judge recently denied NGựaset custody but granted him protection under the torture convention. His PRO BONO lawyers have appealed the asylum denial.

In an interview through a translator, he said he chose to seek safety in the US because he believed the government of any other country would send him to Vietnam. He said he did not expect US officials to try to remove him.

Ngựa said the Ice managers told him they knew they couldn’t send him to Vietnam, but they would find another country willing to take him.

The thought of being sent keeps him up at night, but the alternative is just as bad: “I’m afraid I’ll be arrested here,” he said.

DHS regulations Allow continued detention when “there is a substantial possibility of removing the detained alien for the reasonably foreseeable future.”

Such situations are becoming more common as the Supreme Court decision in June expanded the ability of immigration authorities to quickly deport people from countries where there is no connection.

After the decision, ICE Gave Up Directing Agents often give migrants candy to be removed from a third country “at least 24 hours”

The lead came back when the US needed to get credible political assurances that the deportees would not be persecuted or abused.

This year, the Trump administration has used deals with several countries, including Ghana, El Salvador, and South Sudan — which is on the brink of civil war — to accept deportations.

“It’s become a common practice for the government to hold onto people who get protection because they’re actively looking, in many cases,” said Trina Realmuto, executive director of the National Immigration Litigation Litigation Alliance.

Realmuto is one of the leading lawyers in this matter that challenges the security of a third country.

Federal law It says that the security of the home country must first look for other countries from which the person who is expelled has one connection, and then at least, they find a country, “find a country,” find a country, “find a country,” find a country, “find a country,” find a country, “find a certain country,” find a country willing to accept.

Realmuto said the Trump administration is heading toward that last resort. As a result, he said, several people who were deported from third countries were sent by officials when they returned to the country at first and fled.

Among them is Rabbiata Kuyateh, a 58-year-old woman who fled Sierra Leone’s civil war 30 years ago and lived in Maryland until she caught him this summer during the annual immigration.

NBC News reports That’s because the judge prevented snow from sending him back to Sierra Leone, where he was tortured, the organization took him to Ghana. But the Ghanaian authorities forced him on a bus to Sierra Leone.

In fiscal year 2024, 2,506 people were granted an exemption or protection under the torture convention, according to the DRMENTAL research service.

Realmuto said that, like Kuyateh, tens of thousands of immigrants have been granted those kinds of exemptions over several decades. Such people now run the risk of being caught again while the government works to remove them from another country, he said.

The case of FB, a 27-year-old Colombian woman who entered the US YSODRO Port of entry in 2024, also shows the government’s approach to the convention against torture. FB asked not to be identified by its initials for fear of retaliation by the US government.

In February, FB received protection under the torture convention. But instead of releasing him, national security was trying to remove him from Honduras, Guatemala or Brazil.

In September, FB lawyers filed a federal court motion for his release.

“It’s hard to argue with the removal of someone so close when they’ve been incarcerated for eight months,” said his attorney, Kristen Coff.

Court records show the judge initially denied the request after ice officials blocked his scheduled departure three days later.

But a month later, he was still in custody.

In an order granting FB’s release last month, US District Court Judge Tanya Walton Pratt in Indiana said that FB would be fired if it “proves the law” of the United States. ‘

He was released the same day.