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ImmigrationProf Blog
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Back to the Future? The Transfer and Detention of Immigrants (Away from Counsel)

By immigrationprof

The N.Y. Times (here) yesterday reported that lawyers for some of the 350 immigrants arrested in an immigration raid in New Bedford, Massachusetts, appeared before a federal judge Wednesday, charging that the government had acted in bad faith, moving the immigrants to detention centers in Texas too quickly and denying them adequate access to lawyers.  The arrest, detention, and transfer of immigrants away from home, family, and friends sounds eerily reminiscent of the policy directed at Central American asylum seekers in the Southwest in the 1980s, which was successfully challenged in Orantes-Hernandez v. Thornburgh, 919 F.2d 549 (9th Cir. 1990); for an unsuccessful challenge, see Committee of Central American Refugees v. INS, 795 F.2d 1434 (9th Cir. 1986).   Somethings do not change.

For a copy of the class action complaint in the new Bedford case, click Download sandoval_amended_complaint.pdf. Foley Hoag LLp and teh ACLU Foundation of Massachustts filed the complaint.  indeed, because some of the class members are Central Americans, the complaint alleges that their treatment is bound by some of the injunctive relief provisions issued in Orantes-Hernandez.  Thanks to ace reporter Cappy White for locating the complaint!

KJ