SAN DIEGO — A San Diego federal judge approved a settlement Thursday in a long-running class action lawsuit that alleged immigration detainees in San Diego and Imperial counties face prolonged, unfair delays in their immigration court cases.
The lawsuit filed in 2017 argued that unlike other types of cases, immigration detainees often spend weeks or months after arrest before their court cases begin.
One such detainee, plaintiff Jose Cancino Castellar, spent more than a month at ICE's detention center in Otay Mesa before his first court appearance, according to the American Civil Liberties Union Foundation of San Diego & Imperial Counties. The ACLU says he was living in El Cajon at the time and was eligible to remain in the U.S. under the DACA program, but was in custody for over a month until a judge ordered his release at his first court hearing.
The settlement approved Thursday holds that:
- Immigration agencies will provide class members with written notice in multiple languages informing them of their right to a prompt first appearance.
- Those who wish to see a judge promptly will have a first appearance within 11 days of entering ICE custody.
- Class members already residing in the U.S. who are arrested by Border Patrol will be processed out of Border Patrol custody within three days, either to ICE custody or released.
- Class members who indicate on the processing forms that they would like a bond hearing will receive one at the soonest available date.
Cancino Castellar, who was 18 at the time of his detention, said in a statement, "I was scared at the time not knowing what was going on with my case or if I would be released, but once I saw a judge, I was released and able to return to (my family). That first hearing is so important. I am proud I was able to help so that other people won't have to go through what I went through."
"Certainly this has been a long hard fight," said Bardis Vakili, lead counsel for the class, speaking to CBS 8. "They can't just disappear you into custody. They need to take you to a judge so that you can understand your rights, you can understand what you have to do to get out."
"The settlement is a step, I think, in the right direction to ensuring that due process applies equally," he added.
This settlement does not apply to unaccompanied minors, who have their own protections, or to those who've already been ordered to be deported.
There are also limitations for newly arrived immigrants seeking asylum.
"They are not in our class until they pass that initial credible fear screening, get put in an actual immigration case, and once that happens they enjoy the benefits of our case, which is that they'll be notified of their right to a prompt hearing, and if they want one, then they'll get one," said Vakili.
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