COURT APPROVES SETTLEMENT IN CLASS ACTION LAWSUIT OVER PROCESSING DELAYS FOR PEOPLE IN IMMIGRATION CUSTODY

 

East County News Service

 

March 20, 2024 (San Diego) -- A federal judge on March 14 approved a settlement in a long-running class action lawsuit affirming the constitutional due process rights of people in immigration custody in San Diego and Imperial Counties. 

 

The suit was filed by the ACLU Foundation of San Diego & Imperial Counties (ACLUF-SDIC) and several law firms on behalf of immigrant plaintiffs. The law firms are Fish & Richardson, P.C., the Law Office of Bardis Vakili, P.C. and the Law Offices of Leonard B. Simon, P.C. 

 

The case, Cancino Castellar v. Mayorkas, filed in March 2017, challenged systemic delays in processing people arrested by Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), including Border Patrol. 

 

The settlement helps to address these wrongs and protect the due process rights of those in immigration custody. The settlement requires that:

 

 

In every other form of custody, when the government arrests someone, there is a constitutional obligation to begin court proceedings before a judge promptly. This due process protection ensures that the government does not disappear people into its custody and that those arrested are promptly made aware of their rights. Prior to this lawsuit victory, the federal government asserted those in immigration custody were not entitled to the same protections.

 

As a result, people arrested by U.S. immigration agencies, many of whom reside in our local communities, routinely endured weeks and sometimes months in harsh immigration detention conditions. While waiting prolonged periods of time to see a judge, they were separated from their loved ones and unable to attend to their jobs, education and families. Because the federal government does not provide attorneys to people in immigration custody, many were unable to seek release or begin their case until their first hearing. 

 

In San Diego and Imperial Counties, immigration agencies have the capacity to incarcerate more than 2,000 people every day in ICE immigration jails and in Border Patrol stations, where conditions are grim.

 

Lead counsel for the class action case, Bardis Vakili of the Law Office of Bardis Vakili, P.C, says, “The Constitution protects everyone in the United States, and nobody should ever be imprisoned simply because of where they were born. As the never-ending cycle of vilifying immigrants by both major political parties repeats itself again, now is the time to step up to protect the due process rights of our immigrant communities.”

 

Efaon Cobb, deputy legal director for the ACLUF-SDIC, says, “We celebrate that the court honored the constitutional principles we hold dear and that members of our communities will not be held for prolonged periods without seeing a judge. We will continue to fight to ensure that the right of due process extends to all people, including newly arrived people seeking asylum who are not immediately covered by this decision.” 

 

“This hard-fought lawsuit focused on ensuring that constitutional due process is fairly and evenly applied,” said Alex Gelberg, principal at Fish & Richardson P.C. “Prolonged immigration detention has disastrous effects by imposing tremendous hardship on detainees and their families. The settlement achieves important protections for this vulnerable class. I am extremely proud that Fish’s pro bono program supported the case from the outset and throughout the years, making it possible to obtain the much-needed relief.”

 

Len Simon of the Law Offices of Leonard B. Simon P.C. said, “I am very pleased to have been part of this lengthy and successful effort to further due process rights for immigrants to the U.S., and this country that prides itself on giving everyone his or her timely day in court.”

 

“ICE arrested me when I was 18, and it was so hard not to see my parents or my brother and sister for a month,” said plaintiff Jose Cancino Castellar. “I was scared at the time not knowing what was going on with my case or if I would be released, but once I saw a judge, I was released and able to return to them. That first hearing is so important. I am proud I was able to help so that other people won’t have to go through what I went through.”

 

The settlement agreement is here: https://www.aclu-sdic.org/sites/default/files/field_documents/2024_01_18...