Immigration Detention

ACLU Files Class Action Lawsuit Challenging Mandatory Immigration Lock-up

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 9:29am

Garfield Gayle, a 59-year-old green card holder from Jamaica, has lived in the United States for 30 years.

Immigration Detainees Have the Right to Due Process, Too

By Michael Tan, Staff Attorney, Immigrants' Rights Project, ACLU at 2:12pm

Alejandro Rodriguez’s parents brought him from Mexico when he was a baby. Prior to his detention, Alejandro earned his green card and lived near his extended family in Los Angeles, working as a dental assistant to support his two U.S. citizen children. The two convictions that gave rise to his detention and deportation case were minor and non-violent— joyriding when he was 19, and a misdemeanor drug possession when he was 24. Alejandro posed no flight risk or danger to the community and yet, Immigration and Customs Enforcement (ICE) locked Alejandro up for more than three years without a bond hearing. Bond hearings are a basic and guaranteed principle of due process in the American judicial system, but thousands of immigrants like Alejandro are denied this fundamental right on a daily basis.

TRUST Act: California Could Set National Model for Correcting the Damage Done by S-Comm

By Danielle Riendeau, ACLU of Northern California at 1:27pm

Juana Reyes is a food vendor and mother of two who was arrested, and detained in immigration jail for two weeks (while her children were taken away and placed in foster care) - all because she was selling tamales in front of a Sacramento Walmart. 

In fact, she had been a food vendor for years, with no incidents.  The trouble only came when a new security guard tried to remove her from the premises, and local police filed trespassing and “interfering with business” charges at her. Just like that, Juana was locked away, even though the state criminal charges were minor and eventually dropped by the local prosecutor. 

One Year Longer? Why Won’t DHS Protect Its Detainees under the Prison Rape Elimination Act Right Now?

By Chris Rickerd, ACLU Washington Legislative Office at 1:18pm

The Prison Rape Elimination Act was passed by a unanimous Congress in 2003, with regulations due by June 2010. It was clearly intended to cover all detainees, civil and criminal. Two years later, the Obama administration at last released the final implementing rules for PREA. Commendably, the Department of Justice reversed its prior position that PREA doesn’t cover all immigration detainees. Yet the Department of Homeland Security – despite an abysmal track record of preventing and investigating sexual abuse and assault in its facilities, which was recently exposed on PBS’s Frontline – got a 360-day extension on PREA compliance.

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