X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
immigration and customs enforcement ICE-Article-201903292133In two recent decisions that impact the civil detention policies of U.S. Immigration and Customs Enforcement (ICE) amidst the COVID-19 pandemic, the Hon. Analisa Torres of the Southern District of New York granted injunctive relief to two sets of immigrant plaintiffs suffering from underlying medical conditions, ordering their immediate release from confinement in New Jersey detention centers while they await hearings to adjudicate their civil immigration enforcement proceedings.

In Basank v. Decker, 20 Civ. 2518 (AT), 2020 WL 1481503 (S.D.N.Y. March 26, 2020) and Arias v. Decker, 20 Civ. 2802 (AT), 2020 WL 1847986 (S.D.N.Y. April 10, 2020), multiple plaintiffs suffering from a variety of physical ailments recognized as “underlying conditions” in the context of the COVID-19 pandemic, brought writs of habeas corpus pursuant to 28 U.S.C. 2214 seeking immediate release from detention in nearby New Jersey detention facilities due to the sub-standard conditions in those facilities located in Essex, Bergen and Hudson Counties. The Arias and Basank plaintiffs, all suffering from a variety of chest and pulmonary afflictions and all represented by Brooklyn Defender Services, successfully established the four elements necessary to warrant a temporary restraining order mandating their immediate release pending their respective removal hearings: (1) irreparable harm; (2) likelihood of success on the merits and; (3) a balance of the equities in their favor; and (4) and that injunctive relief would serve the public interest.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

Law Firms Mentioned

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.