"The plaintiffs, noncitizen detainees and a nonprofit that represents noncitizens, didn't come to court with vibes or hypotheticals. They came armed with detailed, specific, and damning evidence. ICE, meanwhile, showed up with what Brasel described as "threadbare declarations," vaguely insisting that everything is totally fine despite the hard evidence presented by plainitffs. "The gulf between the parties' evidence is simply too wide and too deep for Defendants to overcome," Brasel wrote. Yikes."
"As described in the order (available in full below), what ICE has implemented at the Whipple Building reads like a system designed specifically to be hostile to constitutional rights. Detainees are processed and transferred almost immediately and without notice, making it virtually impossible for attorneys to know where their clients are, or how long they'll remain at any given facility. If that sounds like a nightmare for due process, welp, that seems like a feature, not a bug of the system."
U.S. District Judge Nancy Brasel found that Immigration and Customs Enforcement is violating the constitutional rights of immigration detainees held in Minnesota's Whipple Federal Building and issued a temporary restraining order. Plaintiffs, noncitizen detainees and a nonprofit, presented detailed and damning evidence while ICE submitted threadbare declarations that failed to counter the proof. The Whipple system processes and transfers detainees almost immediately without notice, preventing attorneys from locating or representing clients. Phone lists lack information identifying legal-service organizations. The judge concluded that the gulf between the parties' evidence is too wide for the government to overcome and ordered ICE to cease the challenged practices.
Read at Above the Law
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