Plaintiffs filed a class action on behalf of individuals who are eligible to be considered for bond or release on recognizance under 8 U.S.C. Section 1226(a)(1)-(2) by ICE's New York Field Office who have been or will be detained without bond. Plaintiffs contended that Defendants' recent "No-Release Policy" precluded ICE officers from conducting individualized custody determinations upon arrest, and as a result, individuals were unnecessarily detained while suffering from health issues due to the COVID-19 pandemic and lack of medical care. The court granted Plaintiffs' preliminary injunction which ordered ICE to set aside its No-Release Policy and return to its prior practice of conducting individualized custody determinations.
Velesaca v. Decker, 458 F. Supp. 3d 224 (S.D. N.Y. 2020)
DETAILS
Decision
Date
05/04/2020
Practice Area
Immigration
Relief Requested
Preliminary Injunction (PI)
Type of Court
Federal District Court
Location
New York
Type of Case
Class Action
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions
Velesaca suffers from Posttraumatic Stress Disorder and Major Depressive Disorder.
Class Action Medically Vulnerable People
The "Petitioner Class" is all individuals eligible to be considered for bond or release on recognizance under 8 U.S.C. Section 1226(a)(1)-(2) by ICE's New York Field Office who have been or will be detained without bond.
The "Rehabilitation Act Subclass" is all individuals with a disability, as defined by the Rehabilitation Act, who are eligible to be considered for bond or release on recognizance under 8 U.S.C. Section 1226(a)(1)-(2) by ICE's New York Field Office and who have been or will be detained without bond.
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.