On February 2, 2011, two immigrant workers , represented by represented by public interest law firms and private counsel, filed a lawsuit in the U.S. District Court for the Eastern District of Louisiana against the sheriff of Orleans Parish. The plaintiffs were held in the Orleans Parish Prison for more than 160 and 90 days, respectively, because of U.S. Immigration and Customs Enforcement (ICE) hold requests, which were supposed to be limited to 48 hours according the federal agency's rules.

On August 9, 2013, a consent judgment was entered by the District Court (Magistrate Judge Sally Sushan). Under the terms of the settlement, Orleans Parish Prison agreed to decline all ICE hold requests except on specific serious crimes. For individuals with those charges, the sheriff must defer to the recommendation of the criminal court. In addition, the Orleans Parish Sheriff agreed not to investigate an individual's immigration status. Finally, the terms prohibited ICE from conducting investigations into civil violations of immigration law in the jail, and instead required ICE to provide reasonable notice and opportunity for the individual's attorney to be present at any interview.

The sheriff paid the plaintiffs $30,000 as compensation for physical pain and suffering and emotional distress, which made the plaintiffs the prevailing party for purposes of adjudicating attorney fees and costs. The parties began proceedings regarding attorney fees on September 9, 2013.

Jennifer Bronson - 10/24/2013


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