The Trump administration’s decision to indefinitely lock up asylum-seekers, instead of releasing them on humanitarian parole while their cases are decided, is ruining lives across the country. It’s estimated that more than 1,000 asylum seekers have been denied release in the five ICE districts named in our lawsuit alone.
Before arriving at the U.S. border, our clients led lives that were strikingly different from one another. These men and women represent five different countries; some are teenagers and some are grandparents. Before they were “asylum seekers,” they were teachers, software engineers, drivers, and students.
But at some point, all of them encountered a level of danger so great that it forced them to flee their homes and countries. They arrived to the United States looking for safety.
All of our clients have proved their identity, passed a government screening, and have sponsors to live with in the U.S. while their cases are decided. DHS’s own policies stipulate that asylum seekers should be released under “humanitarian parole” as their cases are decided, provided they meet a series of strict requirements. But under the Trump administration, rates of parole grants have plummeted and asylum seekers are being categorically jailed without due process.
Ansly Damus
Ansly, an ethics teacher in his early 40s, fled violence and political persecution in Haiti after speaking out against the corruption of a local politician. He was attacked by a local gang whose members severely beat him, set his motorcycle on fire, and threatened to kill him. Fearing for his life, Ansly fled Haiti, leaving behind his wife, eight-year-old daughter, and four-year-old son. Ansly not only passed his screening, an immigration judge has granted his application twice. However, in each instance, the U.S. government appealed the decision, extending his case proceedings. Ansly is currently locked up in Geauga County Safety Center in Chardon, Ohio, where immigrant detainees are kept in windowless rooms, and he has not been allowed outside in 16 months.
Alexi Ismael Montes Castro
Alexi, an 18-year-old, fled Honduras after being harassed, beaten and threatened at gunpoint because he is gay. Fearing for his life, Alexi requested asylum in November 2017. Even though an immigration officer found he has a credible fear of persecution, Alexi has been detained for approximately four months. Without even interviewing him, ICE denied Alexi’s release, even though he has a relative in Virginia with whom he can stay while his case is decided. Alexi is currently detained at the York County Prison in York, Pennsylvania.
Abelardo Asensio Callol
Abelardo, a software engineer and project manager for a specialized computer services company belonging to the Ministry of Tourism, fled Cuba after being persecuted by the government. After refusing to join the Cuban Communist Party (CCP) and attend a rally held in memory of Fidel Castro, the Ministry of Tourism removed Abelardo from his position as a project manager. Government officers then came to his home and accused him of various crimes and holding anti-government opinions. In December 2017, Abelardo passed his credible fear interview, but ICE denied him parole without ever interviewing him. He has since submitted several requests to ICE to submit additional documentation that would establish his identity, he is not a flight risk, and has sponsors in the U.S. with whom he can live while his case is decided. Abelardo is currently detained at the York County Prison in York, Pennsylvania.
A.M.M. and H.A.Y.
A.M.M. and H.A.Y. are a husband and wife seeking asylum in the United States after fleeing dangerous criminal elements in Mexico. In October 2017, an armed wing of a criminal cartel in Mexico began targeting their family, seeking to take control of the family’s house, cattle, and farm. The cartel members repeatedly came to their home looking for A.M.M. and threatened to kill him. Fearing for their lives, the couple came to the United States in December 2017. In February 2018, the El Paso ICE Field Office denied both H.A.Y.’s and A.M.M.’s requests for humanitarian parole, even though they had established their identities, identified a sponsor with whom they could live, and shown that they pose no flight risk or danger to the community. The couple is currently detained separately; H.A.Y. is locked up at the El Paso Processing Center in El Paso, Texas and A.M.M. is at the Otero County Processing Center in Chaparral, New Mexico.
L.H.A.
After L.H.A., a 22-year-old refused to join a gang in El Salvador, gang members threatened to kill him and his family. They demanded a monthly payment in exchange for staying alive. Fearing for his life, L.H.A. came to the United States in May 2016 and presented himself to immigration authorities in El Paso, Texas. On June 14, 2017, L.H.A. applied for parole, but the El Paso ICE Field Office denied L.H.A.’s request, even though he had established his identity, identified a sponsor with whom he could live, and shown he poses no flight risk or danger to the community. L.H.A. has been detained for more than twenty-one months. He is currently locked up at the El Paso Processing Center in Texas.
E.E.C.S.
E.E.C.S., a 23-year-old, fled El Salvador after being targeted by both MS-13 and the Salvadoran police. MS-13 gang members tried to recruit E.E.C.S. to join them, and when he refused, they beat and threatened to kill him. The police also targeted E.E.C.S. because his cousin is a leader of MS-13. Fearing for his life, he left the country, and presented to U.S. immigration authorities in December 2017, stating his desire to seek asylum. The Los Angeles ICE Field Office denied E.E.C.S.’s request for humanitarian parole, even though he has established his identity, identified a sponsor who he could live with, and shown that he poses no flight risk or danger to the community. E.E.C.S. is currently detained at the James A. Musick detention facility in Irvine, California.
L.I.L.M.
L.I.L.M., a 31-year-old father of two, is seeking asylum in the United States after fleeing a dangerous criminal cartel in Mexico. Members of the cartel kidnapped L.I.L.M.’s two brothers and threatened to kill him and his family. When L.I.L.M. investigated their disappearance, the cartel members came to his family home with guns and threatened to “disappear” him if he did not stop. Fearing for his life, L.I.L.M sought asylum in San Ysidro, California in October 2017. After passing his asylum screening, L.I.L.M. submitted two requests for parole, including evidence of his identity and letters of support from a family member who can serve as his sponsor. The Los Angeles ICE Field Office orally denied both his parole requests without providing him any explanation or written decision. L.I.L.M. has been detained for over four months and is currently locked up at the James A. Musick detention facility in Irvine, California.
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Press ReleaseDec 2024
Immigrants' Rights
ACLU FOIA Litigation Reveals ICE Actively Considering Proposals to Expand Immigration Detention NationwideACLU FOIA Litigation Reveals ICE Actively Considering Proposals to Expand Immigration Detention Nationwide
NEW YORK – New documents obtained by the ACLU reveal that Immigration and Customs Enforcement (ICE) is actively considering proposals to expand its immigration detention capacity in at least six states across the country, including in California, Kansas, Nevada, New Mexico, Texas, and Washington state. The records, obtained as a result of a Freedom of Information Act (FOIA) lawsuit filed by the ACLU in September 2024, disclose that private prison corporations, as well as other corporate entities that provide services to build temporary facilities, monitor compliance, and staff facilities submitted proposals for expanded immigration detention in response to ICE’s contract requests. The discovery comes just weeks after the ACLU received its first tranche of FOIA documents revealing that ICE is considering expanding detention in three different facilities in New Jersey. “You cannot have mass deportations without a significant expansion of ICE detention capacity in states across the country and that’s exactly what the incoming Trump administration is preparing to do,” said Eunice Cho, senior staff attorney at the ACLU’s National Prison Project. “Rather than permanently shutting down abusive detention facilities, the Biden administration is paving the way for President-elect Donald Trump to make good on his cruel and inhumane mass deportation proposals.” The FOIA documents reveal that GEO Group, Inc., CoreCivic, and the Management & Training Corporation (MTC) submitted contract proposals to Requests for Information (RFI) to expand detention capacity and facilities, several of which have a lengthy history of abusive conditions. The proposals for expanded immigration detention facilities include: Midwest Regional Reception Center in Leavenworth, KS – formerly known as Leavenworth Detention Center – which has a track record of abusive conditions, which led the federal government to end its contract with the facility in 2021. South Texas Family Residential Center in Dilley, TX – a facility where children as young as 19 months have died as a result poor medical care. Nevada Southern Detention Center in Pahrump, NV – which has been subject to a federal invesitgation for medical negligence, racial discrimination, and verbal abuse of detained people. Cibola County Correctional Center in Milan, NM — which has been the site of numerous deaths in recent years, with incidents of neglect, abuse, and lack of medical care. Torrance County Detention Facility in Estancia, NM – which Department of Homeland Security’s Office of Inspector General cited in 2022 due to poor conditions. California City Correctional Center in California City, CA – which was previously used as a California Department of Corrections prison until March 2024. ICE also withheld a number of documents in its FOIA disclosure, obscuring the names of the specific facilities. However, the documents produced indicate that the following detention facilities are likely under consideration by ICE: Lea County Correctional Facility in Hobbs, NM (Proposal by GEO Group, Inc. for the El Paso Field Office) Northwest ICE Processing Center in Tacoma, WA (Proposal by GEO Group, Inc. for the Seattle Field Office) Golden State Annex in McFarland, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) Mesa Verde Detention Center in Bakersfield, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) MTC facility in South Texas, which may include the Willacy County Jail in Raymondville, TX (Proposal by MTC for the Harlingen Field Office) GEO Group, Inc. facility in IL, IN, WI, MI, KT, or KS (Proposal by GEO Group, Inc. for Chicago Field Office) GEO Group, Inc. facility in South Texas, which may include the Brooks County Detention Center, Falfurrias, TX; Coastal Bend Detention Center, Robstown, TX; or the East Hidalgo Detention Center in LaVilla, TX (Proposal by GEO Group, Inc. For the Harlingen Field Office) Other corporate entities, including Kastel Enterprises, LLC., and Active Deployment Systems, which provide services to build temporary facilities, and Sabot Consulting, which provides compliance monitoring and detention staffing services, also submitted responses to ICE’s request. As the ACLU has previously documented, the federal government’s immigration detention system overwhelmingly relies on private prison corporations. Private prison corporations, like the GEO Group, CoreCivic, LaSalle Corrections, and the Management & Training Corporation have pocketed billions from ICE detention contracts over the past two decades. The FOIA records are available here: https://www.aclu.org/documents/multi-state-detention-facility-support-foia-documents-request-for-information -
News & CommentaryDec 2024
Immigrants' Rights
Trump’s Remarks on Birthright Citizenship, ExplainedTrump’s Remarks on Birthright Citizenship, Explained
The president-elect has said he intends to end birthright citizenship. We break down why that’s clearly unconstitutional. -
Press ReleaseDec 2024
National Security
Immigrants' Rights
Federal Judge Rejects Acquitted Man’s Argument That His Immigration Detention Is UnlawfulFederal Judge Rejects Acquitted Man’s Argument That His Immigration Detention Is Unlawful
ALEXANDRIA, Va. — This week, the U.S. District Court for the Eastern District of Virginia ruled that the court does not have jurisdiction to decide whether the government can continue to detain Nizar Trabelsi, a Tunisian national who was brought to the United States against his will for prosecution and was cleared of all charges last year. The ruling means the United States will be able to continue to detain Mr. Trabelsi while it attempts to deport him to Tunisia, where he was born and where, as an immigration judge ruled earlier this year, he will likely face torture. The court also concluded that even if it did have jurisdiction over Mr. Trabelsi’s case, his claims challenging the government’s detention of him would fail. “Reviewing claims that the government is holding someone unlawfully is at the core of the judicial function, and we’re heartbroken for our client that the court got this so wrong,” said Brett Max Kaufman, senior staff attorney with the ACLU’s Center for Democracy. “The government’s arguments in defense of Mr. Trabelsi’s detention makes a hash of the Constitution, immigration laws, and its own extradition treaty.” In 2013, the United States forcibly extradited Mr. Trabelsi from Belgium to face criminal charges in the United States. In July 2023, after almost 10 years of highly restrictive pretrial detention, a federal jury cleared Mr. Trabelsi of all charges. But instead of releasing Mr. Trabelsi or returning him to Belgium, the U.S. transferred him to immigration detention, wrongly treating him as an applicant for admission and placing him in the deportation process. Over the years, the Belgian government has issued multiple formal diplomatic requests asking the U.S. to facilitate his return, but the U.S. has refused to send him back. Mr. Trabelsi filed a lawsuit challenging the government's authority to detain him. He also sought immediate improvements to his detention conditions. Those claims were not part of the court’s ruling today, and will continue to be litigated on a separate track. “Mr. Trabelsi only wants to return to Belgium after being illegally extradited to the United States, held for ten years, and then acquitted by a jury of any crimes,” said Nicole Hallett, clinical professor of law and director of the Immigrants’ Rights Clinic at the University of Chicago Law School. “He cannot be held indefinitely and we will continue to fight to make sure that justice ultimately prevails.” Mr. Trabelsi is represented by the American Civil Liberties Union, the University of Chicago Law School’s Immigrants’ Rights Clinic, the ACLU of Virginia, and Professor Jonathan Hafetz of Seton Hall Law School. The complaint in Trabelsi v. Crawford was filed against Jeffrey Crawford, warden of the Farmville Detention Center where Mr. Trabelsi is being held; Liana Castano, ICE field office director for the Washington Field Office; Alejandro Mayorkas, secretary of the Department of Homeland Security; and Merrick Garland, U.S. attorney general. -
Press ReleaseNov 2024
Immigrants' Rights
ACLU FOIA Litigation Reveals New Information Regarding ICE’s Plans to Expand Immigration Detention in New JerseyACLU FOIA Litigation Reveals New Information Regarding ICE’s Plans to Expand Immigration Detention in New Jersey
NEW YORK – New documents obtained by the ACLU reveal that Immigration and Customs Enforcement (ICE) is actively considering proposals to expand its immigration detention capacity across the state of New Jersey. The records, obtained as a result of a FOIA lawsuit filed by the ACLU in September 2024, disclose that ICE capacity could increase by approximately 600 beds in at least two facilities in New Jersey. The discovery comes as President-elect Donald Trump continues to double down on his campaign promise to implement the largest mass deportation and detention program in the nation’s history. For months, the ACLU of New Jersey and advocates have raised concerns with the Biden administration’s plans to expand detention in New Jersey, as well as in potentially sixteen other states identified by ICE. “Instead of closing abusive detention facilities once and for all, the Biden administration is simply paving the way for the incoming Trump administration to conduct mass detention and deportation of immigrant communities nationwide,” said Eunice Cho, Senior Staff Attorney at the ACLU’s National Prison Project. “The Biden administration must instead work to close these facilities now.” These facilities under consideration include the Elizabeth Detention Center, located in Elizabeth, New Jersey and owned and operated by CoreCivic, Inc., and the Albert M. “Bo” Robinson Center (ARC) in Trenton, New Jersey, which was formerly owned by the GEO Group, Inc. Both facilities have significant records of poor conditions. Investigations of conditions at ARC exposed abusive conditions including “robbery, sexual assault, [and] menacing of the weak.” Meanwhile, the Elizabeth Detention Center has also come under fire for consistent medical neglect, cramped and unsanitary living quarters, and abusive treatment from guards. The ACLU obtained these documents as a result of Freedom of Information Act (FOIA) litigation, which sought in part records responsive to a contract solicitation for additional ICE detention space in the Newark, New Jersey area. The solicitation, originally issued on June 26, 2024, sought “comprehensive detention services for adult male and female noncitizens” to “provide for general population, intake, segregated housing, and medical beds at a contractor-owned/contractor-operated detention facility or facilities.” The documents provided by ICE provide a limited glimpse of the detention proposals, as the production appears to include only the environmental impact statement portions of the proposals submitted by CoreCivic, Inc. and GEO Group, Inc. to ICE. It is unclear from the documents whether there are additional New Jersey facilities that responded to ICE’s solicitation, or how much it would cost taxpayers. For example, the GEO Group, Inc. claimed in litigation earlier this year that it has readied the Delaney Hall Facility, located in Newark, New Jersey, to conform with ICE operating requirements. “New Jersey has already taken steps to oppose immigrant detention by phasing out ICE contracts and closing county-run ICE jails. But as federal plans to expand detention in New Jersey continue, the need for protections grows by the day. That’s why it’s imperative that the Biden administration immediately halt any efforts to expand this abusive detention machine,” said ACLU-NJ campaign strategist Ami Kachalia. “We also urge the New Jersey Legislature to quickly pass the Immigrant Trust Act so that New Jersey is not complicit in separating families or depriving our residents of due process.” State officials and members of New Jersey’s congressional delegation have opposed the expansion of ICE detention in the state. Earlier this year, eight Representatives and Senator Cory Booker raised concern regarding the development of additional private ICE detention facilities in the state. Prior to that, the New Jersey state legislature passed AB 5207 in 2021, which prohibited state and local entities and private detention facilities from entering, renewing, or expanding immigration detention contracts. Both CoreCivic, Inc., and GEO Group, Inc. filed suit to stop enforcement of the law, which has been enjoined pending appeal. The ACLU of New Jersey filed a friend-of-the-court brief on behalf of 28 community organizations in support of New Jersey's anti-detention law. The FOIA records are available here: https://www.aclu.org/documents/foia-documents-re-nj-ice-detention-rfi