ACLU Files Suit To Keep ICE Detainees In Orange County

SANTA ANA, CA — The American Civil Liberties Union Thursday filed a federal lawsuit in Santa Ana seeking to block an Immigration and Customs Enforcement plan to transfer hundreds of undocumented immigrants from Orange County's jails to a facility out of state.

The ACLU's suit, which seeks class action status, also seeks a preliminary injunction to block the plan to transfer the detainees, triggered by Orange County Sheriff Don Barnes' March 27 announcement to terminate his agreement with ICE to provide jail beds for the undocumented immigrants.

Barnes has terminated the contract with ICE to move forward with plans to accommodate the needs of a rapidly expanding number of inmates with mental health issues.

According to the ACLU lawsuit, "transferring these immigrants hundreds or thousands of miles away will make it exceedingly difficult for the immigrants to maintain their legal representation or otherwise access the courts."

The ACLU also claims that the transfers outside of Southern California are "unnecessary; ICE has legal authority to release many of these individuals and can transfer the rest to a large facility with the Southern California area, at Adelanto."

The ACLU claim argues that the decision to place the detainees outside of Southern California "violates federal statutory and constitutional law" because, "The constitution does not permit the government to effectively sever the attorney-client relationship by transferring individuals hundreds or thousands of miles away from their attorneys while their cases remain pending."

The lawsuit further argues that the detainees "rely on family members to perform many tasks that attorneys would otherwise perform."

Transferring the undocumented immigrants away from the region would also violate the federal agency's own policy because it only allows for far- flung transfers when necessary, the ACLU argued.

ICE officials say they attempt to house detainees near their location of their arrest to reduce transfers and therefore cut costs.

ICE spokeswoman Lori K. Haley said the agency does not comment on current litigation.

Orange County sheriff's spokeswoman Carrie Braun noted the sheriff has no say in where detainees are sent after they leave Orange County's jails. As of Thursday morning, the jail housed 404 ICE detainees.

ACLU attorney Sameer Ahmed said the lawsuit covers detainees with an attorney and those with family in the Southern California area. Attorneys estimate that is about 300 of the detainees in Orange County custody.

Attorney Monica Glicken of the Public Law Center, which is teaming up with the ACLU in the lawsuit, said ICE has "all kinds of alternatives to jail that they can use," such as house arrest or GPS monitoring.

The only legal reasons to keep detainees in custody would be if they were deemed a flight risk or a danger to the community, Glicken said, adding that detainees without a criminal history could be released from custody and would not be a flight risk.

"They're not going to get what they came for unless they go through the process" in immigration court, Glicken said.

Glicken accused federal officials of keeping many detainees in custody as a "deterrent. They're trying to send a message to other immigrants they shouldn't come here."