On Tuesday evening, the United States District Court for the Northern District of California issued a preliminary injunction requiring the Department of Justice to improve the conditions of Immigration and Customs Enforcement holding cells in San Francisco.
That order came in response to a lawsuit, filed by the American Civil Liberties Union, the Lawyers Committee for Civil Rights and other groups who, earlier this month, argued in front of a federal judge that conditions inside the holding cells at 630 Sansome St. are so poor they violate immigrants’ constitutional rights.
The 51-page order written by U.S. District Court Judge Casey Pitts found an “established likelihood” that the “challenged conditions at 630 Sansome are unconstitutionally punitive in nature.”
Under the preliminary injunction, the ICE facility must be brought up to acceptable standards, meaning that detainees must have mattresses, blankets, hygiene materials, prompt medical attention, and other basic necessities, effective immediately.
Marissa Hatton, a senior staff attorney at Lawyers’ Committee for Civil Rights, said the decision is “a powerful affirmation of their humanity and a critical check on the rule of law.”
Hatton’s co-council Nisha Kashyap, also a senior staff attorney, added: “We will be monitoring closely to make sure that ICE is complying to ensure that is is following its constitutional obligations.”
The court did, however, maintain that ICE can legally keep immigrants in holding cells for up to three days at a time, an abrupt increase from the 12-hour rule that was the norm until June of this year.
The court did so with the reasoning that the preliminary injunction will bring the conditions up to ICE’s constitutional obligations, Kashyap said.
The ruling also certifies the lawsuit as a class action, which means that anyone detained there could theoretically join forces and sue the Department of Justice for damages.
Attorneys involved in the case say they expect a final injunction before the end of the year. The next hearing, scheduled for Dec. 9, will determine whether the suit against ICE’s nationwide practice of courthouse arrests can move forward.
Since late May, Mission Local has tracked 129 arrests of asylum-seekers and immigrants at the San Francisco immigration courthouses.
You shouldn’t need a Federal judge to tell you to treat people humanely.
Trump is Satan.
Absolute bare minimum. We should be ashamed as a society.
OUTRAGED. Absolutely furious that THIS CRAP represents our country!
What has happened to our country when they hace to have the courts tell to do this? I feel so ashamed to be a American. DEPORT TRUMP!!!!!
The Trump administration ignores court orders it doesn’t like.