A class action settlement has been reached with the US Immigration and Custom’s Enforcement Agency (ICE) to allow immigrants greater access to legal representation through improving their rights to telephone access. The action was taken by the American Civil Liberties Union of Northern California (ACLU) and by pro-bono representatives on behalf of the plaintiff detainees, for injunctive and declaratory relief to stop the ICE infringing the immigrant’s constitutional right to a fair trial whilst in custody.
Immigrants held by ICE have a limited right to legal representation, but due to inaccessible and impractical facilities exercising this right adequately was severely restricted. Detainees fighting deportation relied on contacting representation remotely, however, several limiting factors interfered with the detainee’s use of telephones to contact or arrange said representation. Alternatively, in instances where the detainee was representing himself, the restricted access made compiling a case and gathering of document ineffectual.
First, the hours dedicated to accessing the phones were inconsistent and unsociable, making pre-arranged phone calls unworkable. In addition, on reaching an automated message the call would automatically disconnect, thus there was no opportunity for the detainees to leave a voicemail. The locations of the telephone were in communal areas where there was no guarantee of privacy for potentially confidential conversations. Furthermore, the cost of the phone calls were often far beyond the means of many detainees, and the calls cut out automatically after 15 minutes. Finally, detainees were unable to receive phone calls, and thus associates were relying solely on outgoing calls. The result of these restrictions hindered applicants right to a fair hearing, their right to legal representation and also led to protracted detention.
The welcomed settlement requires ICE to amend their telephone policies in four separate detention facilities located in Northern California within the next year. This will involve supplying phone credit allowances where needed, the availability of private phone booths and extending the duration of the call before it automatically cuts off.
Click here for the judgement.