Immediate Relief Sought for Hundreds of Immigrants Detained Unconstitutionally

A preliminary injunction was filed today to expedite the review of a lawsuit that aims to relieve hundreds of people currently detained unjustly pending immigration proceedings.  The class action lawsuit was filed March 11, 2020 and includes immigrants detained in Richwood, Louisiana with Department of Justice immigration proceedings in Batavia, New York.  Individuals who are not being charged with any criminal offense are being held often for lengthy periods of time due to an inability to pay arbitrary and exorbitant bond fees.

This case addresses three fundamental problems with immigration detention.  First, bond is being set on detainees without consideration of ability to pay.  This means that wealth status is the sole determinant of whether someone is free or jailed prior to hearing.  The result is that poor detainees languish in jail, while rich detainees are able to buy their freedom.

Second, detainees are being denied access to their attorneys.  Detainees in Louisiana may appear at hearings by phone because their court proceeding is held in New York.  However, immigration judges are refusing to allow attorneys to appear by phone, leaving the detainees unrepresented. 

Third, immigration judges are unfairly shifting the burden of proof onto detainees.  Under the law, the government has the burden to justify detention but immigration judges are improperly making detainees prove why they should be released.  This is an unjust process that results in individuals remaining incarcerated prior to their hearing, after no finding of guilt and no criminal charges brought forth.

The suit was filed jointly by nonprofit law organization Equal Justice Under Law and the New York branch of the ACLU.  Phil Telfeyan, Executive Director of Equal Justice Under Law, says, “In filing this motion, we hope to draw the federal court’s immediate attention to the countless immigrants being wrongfully detained with unfair bond procedures and unaffordable bond amounts. This issue is especially critical during the current health crisis, and our hope is that the court will agree to release people who never should have been jailed in the first place.”