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INS SETTLES
CLASS ACTION LAWSUIT CHALLENGING VEHICLE
SEIZURE PRACTICES INS
has agreed to settle a class action lawsuit challenging its vehicle seizure
practices. The case, Gete v. INS, No.
C98-881Z, was filed in Seattle in 1994.
It covers over 100,000 vehicles seized by INS in the Western Region
(California, Arizona, Washington, Oregon, Alaska, Hawaii, Nevada, and northern
Idaho) between June 10, 1989 and September 17, 1999. A court hearing on the settlement is scheduled for Seattle on
November 20th. The vehicles
were seized by INS based on allegations that the drivers were helping
undocumented aliens enter the United States.
Some of the cars were forfeited, while others were released on payment
of a fine. The ten plaintiffs who
brought the suit alleged that INS had seized the vehicles without probable
cause, failed to inform them about the facts that justified the seizure, and
imposed penalties arbitrarily and excessively.
Many of the plaintiffs said that they had no idea that the passengers in
their cars were ineligible to come to the United States. Plaintiffs won an important victory from the Ninth
Circuit on August 4, 1997, (No. 95-35408), when the court found that INS had
violated the due process rights of the plaintiffs by failing to adequately explain
the reason for the seizures and by failing to provide an adequate chance to respond to the charges. After the case was sent back to the lower
court to resolve several remaining matters, the INS reached a settlement with
the plaintiffs. Under the terms of
the settlement, INS has agreed to revise the notices given to vehicle owners;
adopt guidelines to insure uniform non-excessive fines; train officers on
standards for probable cause; provide copies of adverse evidence to vehicle
owners; render decisions in writing; and provide for reconsideration of fines. Persons whose cars were seized by INS in the Western Region
during the ten year period can file a request for reconsideration of any fine
or forfeiture that was imposed, after having an opportunity to review all the
adverse evidence. The date for filing a request for reconsideration will be
established by the court, but is expected to be within approximately three to
four months of November 20, 2000. If
INS determines that the fine was excessive, the difference will be refunded. Class members should review the settlement prior to the
November 20th hearing.
Objections must be submitted to the court and to the attorneys for INS
and the plaintiffs not later than November 15. The Notice on the Proposed Settlement, and the Settlement Agreement, are available at http://www.ghp-law.net. For further information: Robert H. Gibbs or Robert Pauw, 206-682-1080.  Share this page | Bookmark this page | Linked  Attorneys
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