Presents the opinion of the United States District Court for the Central District of California in the case of Perez-Funez v. INS (1985). Plaintiffs, who are unaccompanied minors, brought a class action suit to review the policy of the Immigration and Naturalization Service (INS) regarding voluntary departure procedures. Voluntary departure is a procedure by which a qualifying alien illegally entering the country may consent to summary removal from the United States. This procedure has no impact on the alien’s future lawful attempts to enter the United States. Plaintiffs asserted that class members were coerced into choosing voluntary departure and waiving their rights, regardless of whether voluntary departure would be in the best interests of the child. Applying the three-part test from Mathews v. Eldridge for the resolution of procedural due process issues, the court held that the INS procedures violated the due process rights of the plaintiff class and were therefore unconstitutional. The court granted a permanent injunction requiring INS to advise and obtain acknowledgment from class members of their rights upon apprehension and their right to telephone access to contact family, friends, or free legal services.
