Posted May 5th, 2020.
May 5, 2020, Baltimore, MD – Sanford Heisler Sharp filed for a temporary restraining order and a preliminary injunction on behalf of plaintiffs Marvin Dubon Miranda, Ajibade Thompson Adegoke, and Jose de la Cruz Espinoza and others detained by U.S. Immigration and Customs Enforcement (“ICE”). The motion expands on the complaint, filed late last week by the Firm and co-counsel ACLU Immigrants’ Rights Project, ACLU Foundation of Maryland, and CAIR Co., which seeks constitutionally adequate bond hearings in Baltimore Immigration Court. The request for a temporary restraining order and preliminary injunction underscores the urgency of the irreparable harm plaintiffs face, particularly in light of the COVID-19 crisis.
Monday’s filing seeks an expedited court order that would require the government to (1) bear the burden of demonstrating dangerousness or a flight risk during bond hearings by clear and convincing evidence and (2) consider an individual’s ability to pay and alternative conditions of supervision in setting bond.
The filing comes as information continues to emerge about the alarming conditions of confinement in ICE detention facilities in Maryland and across the nation.
“The COVID-19 pandemic has immeasurably heightened the likelihood of irreparable harm to all individuals in detention, including our clients,” says Clare Horan, an associate attorney in Sanford Heisler Sharp’s Baltimore office.
According to the Department of Homeland Security, as of today, 522 detained noncitizens and nearly 100 ICE officials have tested positive for COVID-19 nationally. In Maryland, a nurse at the ICE detention center in Howard County tested positive for the disease, leading a Maryland District Court to immediately release Mauricio Coreas, who brought his own suit Coreas v. Bounds challenging ICE detention conditions, from a Maryland facility last week.
“In the age of the Coronavirus, unlawful detention becomes more than a constitutional violation – it is gambling with a person’s life,” adds Horan. “The staggering and potentially life-threatening effects of this pandemic create a threat of irreparable harm to plaintiffs and other detained noncitizens that calls for immediate action from the court.”
About Sanford Heisler Sharp, LLP
Sanford Heisler Sharp, LLP is a national public interest class-action litigation law firm with offices in New York, Washington, D.C., San Francisco, San Diego, Nashville, and Baltimore. Sanford Heisler Sharp focuses on employment discrimination, wage and hour, whistleblower, criminal/sexual violence, and financial services matters. The firm has recovered over $1 billion for its clients through many verdicts and settlements.
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See here for more information about the case, Dubon Miranda v. Barr.