Civil Rights Litigation Clearinghouse for Fraihat v. ICE
A nationwide class action lawsuit was filed August 19th, 2019 against the U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Homeland Security (DHS), and others acting in their official capacities. The lawsuit challenges the federal government’s failure to ensure detained immigrants receive appropriate medical and mental health care, its punitive use of segregation in violation of the Fifth Amendment of the U.S. Constitution, and its failure to ensure that detained immigrants with disabilities are provided accommodations and do not face discrimination as required by Section 504 of the Rehabilitation Act of 1973.
The lawsuit was filed by the Civil Rights Education and Enforcement Center (CREEC), Disability Rights Advocates (DRA), Orrick, Herrington & Sutcliffe LLP, Willkie Farr & Gallagher LLP, and the Southern Poverty Law Center (SPLC) in the U.S District Court for the Central District of California. The lawsuit was brought on behalf of 15 individuals detained at eight different facilities in six states, representing a class of approximately 55,000 immigrants imprisoned by ICE on any given day, and two nonprofit organizations, Al Otro Lado and the Inland Coalition for Immigrant Justice (ICIJ).
Relevant Pleadings and Orders:
- August 2019: Complaint.
- April 2020: Order granting Preliminary Injunction.
- October 2020: Order granting Motion to Enforce.
- March 2021: Order granting Motion to Appoint a Special Master.
- October 2021: Opinion from Ninth Circuit Court of Appeals
Notice of Court Order Requiring Custody Redeterminations:
Expert Declarations*:
*If you plan to submit these in a court filing, please note for the court that they have already been submitted in another matter.
- Read the Declaration of Dr. Jaimie Meyer.
- Read the Declaration of Dr. Carlos Franco-Paredes.
- Read the Declaration of Dr. Homer Venters in support of COVID-19 emergency order and in support of enforcing emergency order.
- Read the Declaration of Margo Schlanger.
- Read the Declaration of Dr. Susi Vassallo.
- Read the Declaration of Craig Haney.