The lawsuit also alleged that immigration officials often fail to notify detainees that they have the right to obtain release on bail while their cases remain pending.
The lawsuit said B-18 has not provided basic medication besides the lack of sanitary equipment. Some of the facilities to which detainees are shuttled have similar gross deficiencies. Detainees are not permitted to have shower in jail. Up to 50 detainees routinely share one open commode, one urinal (or two open commodes) and one sink. At some local jails, overcrowding and vents that blow extremely cold air on the bunks force detainees to sleep on mattresses on the floor. At B-18 and other jails, guards force detainees to remain inside through the entire day, and only permit them to go outside when shuttling them between detention centers. They are not permitted to have any physical recreation.
These conditions violate the statutory and constitutional rights of the detainees. "It's shameful that immigration officers are treating detainees like animals, apparently because the immigration bureaucracy cannot seem to send detainees to the right place," said Ahilan Arulanantham, ACLU Director of Immigrant Rights and National Security.
ICE has also faired poorly in court cases. In April, a federal judge issued a ruling calling into question the U.S. immigration agents' treatment of a Syrian-born German citizen who was jailed by U.S. officials, subjected to strip and visual cavity searches, and asked to spy for the U.S. government. The federal court rejected the government's request to have the case against the U.S. government and immigration agents dismissed in its entirety.
The lawsuit was filed on behalf of Majed Chehade by the Lawyers' Committee for Civil Rights and a private law firm against the United States, federal agents, the City of North Las Vegas, and the North Las Vegas Police Department.
Chehade is a 64-year old German citizen whose wife, three children, and grandson are U.S. citizens. Chehade owns a home in Massachusetts and is the export director of a German manufacturing company. On his way to visit his daughter in December 2006, he was detained at Las Vegas Airport and taken to a local jail, where he was subjected to strip and visual cavity searches, denied access to medical care and his prescription medications, and told that if he wanted to return to the U.S., he would have to spy on behalf of the government.
In its ruling, the court held that strip searches of immigrants arriving in the country are constitutional only if supported by reasonable suspicion. The court further held that the immigration agents' actions could be considered "extreme and outrageous conduct" and allowed an inquiry into the legality of the government's attempt to conscript a foreign national to spy to move forward.
The ACLU and many other similar organizations are also critical of a DHS program known as Fusion Centers. These state, local and regional institutions were originally created to improve the sharing of anti-terrorism intelligence among different state, local and federal law enforcement agencies. These centers have grown to include not just law enforcement, but other government entities, the military and the private sector.
The ACLU says the centers, over 40 of which have been established around the country, "raise very serious privacy issues at a time when new technology, government powers and zeal in the 'war on terrorism' are combining to threaten Americans' privacy at an unprecedented level."
It adds that "federal, state and local governments are increasing their investment in fusion centers without properly assessing whether they serve a necessary purpose."
The lawsuit said B-18 has not provided basic medication besides the lack of sanitary equipment. Some of the facilities to which detainees are shuttled have similar gross deficiencies. Detainees are not permitted to have shower in jail. Up to 50 detainees routinely share one open commode, one urinal (or two open commodes) and one sink. At some local jails, overcrowding and vents that blow extremely cold air on the bunks force detainees to sleep on mattresses on the floor. At B-18 and other jails, guards force detainees to remain inside through the entire day, and only permit them to go outside when shuttling them between detention centers. They are not permitted to have any physical recreation.
These conditions violate the statutory and constitutional rights of the detainees. "It's shameful that immigration officers are treating detainees like animals, apparently because the immigration bureaucracy cannot seem to send detainees to the right place," said Ahilan Arulanantham, ACLU Director of Immigrant Rights and National Security.
ICE has also faired poorly in court cases. In April, a federal judge issued a ruling calling into question the U.S. immigration agents' treatment of a Syrian-born German citizen who was jailed by U.S. officials, subjected to strip and visual cavity searches, and asked to spy for the U.S. government. The federal court rejected the government's request to have the case against the U.S. government and immigration agents dismissed in its entirety.
The lawsuit was filed on behalf of Majed Chehade by the Lawyers' Committee for Civil Rights and a private law firm against the United States, federal agents, the City of North Las Vegas, and the North Las Vegas Police Department.
In its ruling, the court held that strip searches of immigrants arriving in the country are constitutional only if supported by reasonable suspicion. The court further held that the immigration agents' actions could be considered "extreme and outrageous conduct" and allowed an inquiry into the legality of the government's attempt to conscript a foreign national to spy to move forward.
The ACLU and many other similar organizations are also critical of a DHS program known as Fusion Centers. These state, local and regional institutions were originally created to improve the sharing of anti-terrorism intelligence among different state, local and federal law enforcement agencies. These centers have grown to include not just law enforcement, but other government entities, the military and the private sector.
The ACLU says the centers, over 40 of which have been established around the country, "raise very serious privacy issues at a time when new technology, government powers and zeal in the 'war on terrorism' are combining to threaten Americans' privacy at an unprecedented level."
It adds that "federal, state and local governments are increasing their investment in fusion centers without properly assessing whether they serve a necessary purpose."
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