On Tuesday evening, the U.S. Court of Appeals for the Ninth Circuit issued a preliminary injunction requiring the Department of Justice to improve the conditions of ICE holding cells in San Francisco.
That order came in response to a lawsuit, filed by the ACLU, the Lawyers Committee for Civil Rights and other groups who, earlier this month argued in front of a federal judge that conditions inside the holding cells at 630 Sansome St. are so poor they violate immigrants’ constitutional rights.
The 51-page order written by Judge Casey Pitts, found an “established likelihood” that the “challenged conditions at 630 Sansome are unconstitutionally punitive in nature.” Under the preliminary injunction, the ICE facility must be brought up to acceptable standards — meaning that detainees must have mattresses, blankets, hygiene materials, prompt medical attention, and other basic necessities, effective immediately.
The court did, however, maintain that ICE can legally keep immigrants in holding cells for up to three days at a time — an abrupt increase from the 12 hour rule that was the norm until June of this year.
The ruling also certifies the lawsuit as a class action, which means that anyone detained there could theoretically join forces and sue the Department of Justice for damages. Attorneys involved in the case say they expect a final injunction before the end of the year. The next hearing, scheduled for December 9th, will determine whether the suit against ICE’s nationwide practice of courthouse arrests can move forward. Since late May, Mission Local has tracked 129 arrests of asylum-seekers and immigrants at the San Francisco immigration court houses.
I’m covering immigration for Mission Local and got my start in journalism with El Tecolote. Most recently, I completed a long-term investigation for El Centro de Periodismo Investigativo in San Juan, PR and I am excited to see where journalism takes me next. Off the clock, I can be found rollerblading through Golden Gate Park or reading under the trees with my cat, Mano.