On June 19, 2018, Immigrant Defenders Law Center (IDLC) and private plaintiffs filed a lawsuit against the Department of Homeland Security in the U.S. District Court for the Central District of California. The plaintiffs sued to challenge the policies related to immigrant detainees held at FCI Victorville Medium Security Prison. They alleged that the detainees were denied the ability to visit, consult with, or contact an attorney since their incarceration at the prison. The plaintiffs, represented by ACLU and private counsel, sought a Temporary Restraining Order (TRO) to allow plaintiffs to consult with attorneys and attend “know your rights” trainings. The complaint alleged violations of the INA 8 U.S.C. 1229a(b)(4)(A), the APA 5 U.S.C. 706(2)(A), and Fifth Amendment's Due Process clause, and the First Amendment.

District Judge Otis Wright granted the plaintiffs a TRO on June 21, 2018 and extended the TRO multiple times in August 2018. The TRO required the defendants to permit detainees to communicate with immigration attorneys, to conduct “know your rights” trainings for the detainees, and to halt any proceedings until the detainees have had an opportunity to consult with an attorney or attend such a training.

On August 28, Judge Wright extended the TRO again pending determination of whether a preliminary injunction should be issued. On October 16, 2018, the plaintiffs withdraw their Motion for Preliminary Injunction and the court asked the parties to file a joint report explaining why this case should not be dismissed. On December 21, 2018, the parties filed a sealed joint report and there has been no further docket activity as of February 10, 2019.

Sichun Liu - 02/10/2019


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