BOSTON — On Sept. 22, the American Civil Liberties Union, along with unions, clinics and law firms, filed a class-action lawsuit to challenge what it describes as widespread violations of due process for immigrants detained by U.S. Immigration and Customs Enforcement.
Since late 2022, immigrants arrested solely for entering the country have been misclassified, leading to unconstitutional practices inside detention centers. For example, the Immigration Court in Tacoma, Washington, classified detainees in a way that barred them from seeking bond. The U.S. District Court for the Western District of Washington later ruled the practice was “likely illegal” and ordered bond hearings for those wrongfully detained.
Three months after that ruling, however, the Department of Homeland Security adopted the same practice and directed judges to classify detainees in ways that prevent them from requesting bond, while encouraging judges to deny bond requests. While some judges pushed back, the ACLU reported that the Board of Immigration Appeals issued a precedential decision requiring all immigration judges to adopt the practice.
“With this new enforcement, millions of people who have been waiting for their day in court are now at risk of being jailed indefinitely over civil violations,” said Max Brooks, an immigration attorney with the ACLU of Maine. “We look forward to vindicating the rights of people in this situation with today’s class-action lawsuit.”
The ACLU said these practices extend beyond prisons and into communities. The organization said ICE has been taking people from their homes and neighborhoods without following legal procedures. Once detained, immigrants face the possibility of being denied due process and bond, resulting in long-term incarceration or disappearances.
“The only recourse is to file individual habeas petitions for each detained client — a process that keeps people detained longer and stretches the resources of our courts,” said Annelise Araujo, founding principal of Araujo & Fisher LLP.
The ACLU and its partners argue that the case is not only about exposing current practices but also about reforming the system. They say structural reforms and just procedures are needed to ensure fair trials and proceedings. While such reforms may protect future detainees, the organizations emphasized that nothing can undo the injustices already inflicted on countless individuals.
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