U.S. Agrees Not to Detain Migrants Released During the Pandemic for One Year

• ICE will not be able to detain migrants
• Applies to those released during the pandemic
• Court backs agreement with the ACLU

A federal court has approved an agreement that prohibits U.S. Immigration and Customs Enforcement (ICE) from detaining, for at least twelve months, migrants who were released by court order during the COVID-19 pandemic.

The ruling benefits individuals who were held between March 23, 2020, and May 11, 2023, at the Adelanto Detention Facility in California.

These migrants were released as part of the class-action lawsuit Hernández Román v. Wolf, brought by the American Civil Liberties Union (ACLU).

The organization praised the ruling, stating that immigrants now have legal protections that prevent immediate re-incarceration.

ICE Under Judicial Scrutiny

“People can stay with their families, their health improves, and they appear in court and comply with the terms of their release,” said Eva Bitrán, Director of Immigrants’ Rights at the ACLU of Southern California.

Bitrán added that the mass release was a successful “natural experiment” demonstrating that there are alternatives to immigration detention.

She also called on ICE to permanently close the Adelanto facility.

The center, run by private contractor GEO Group, can hold more than 1,900 people but currently only has three detainees.

The ACLU’s lawsuit argued that conditions at Adelanto during the pandemic posed significant health risks to those held there.

The steep drop in detainee population followed the court order and sustained pressure from human rights advocates.

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Under the agreement, ICE may only re-detain a protected migrant if they violate the conditions of their release, pose a threat to public safety, or have serious prior convictions.

The ACLU advised all protected individuals to carry a copy of the agreement with them.

This, in case an immigration agent attempts to detain them improperly.

This case is viewed as a landmark in the effort to limit prolonged immigration detention in the United States.

Bitrán stressed that this case proves releasing migrants is not only humane but also effective: “It benefits their health, families, and the legal process itself.”

This agreement marks a major victory for immigrant rights and supports the case for more humane and effective alternatives to detention.

Do you think releasing immigrants while they await their court proceedings is a fair and viable solution?

SOURCE: EFE