U.S. Immigration and Customs Enforcement (ICE) has been under the microscope all year long given the prevalence that the topic of immigration has garnered this election cycle. U.S. Congresswoman Zoe Lofgren (CA-18) and U.S. Senator Alex Padilla, both of California recently sent a letter to the agency calling on two of their facilities to terminate contracts with GEO Group due to "disturbing" claims of abuse of detainees.
The allegations of abuse have also been reported in ICE facilities in Louisiana and Philadelphia, with some testimonies describing "inhumane, punitive and dangerous conditions." Furthermore, advocates have also questioned ICE's administrative processes, arguing that immigrants who have won their deportation cases remain in prolonged detention regardless.
A lawsuit filed in federal court Tuesday, added to the grievances, by claiming that ICE has illegally withheld over $300 million in bond payments from thousands of immigrant families and U.S. citizens, the Associated Press reports.
Immigration bonds are set by ICE and immigration judges and allow noncitizens who are facing removal proceedings to be released in the U.S. while their cases are decided in court. By ICE policy, funds should be returned promptly once case conditions are met—immediately in some instances, or within 60 days in others.
Each bond averages around $6,000.
The case was filed on behalf of Douglas Cortez, a New York resident who posted $10,000 bond in 2023 but has yet to receive a refund. Attorney Deepak Gupta called for a court order to compel ICE to meet its legal obligations, alleging that hardworking families have been deprived of money owed to them:
"They have taken thousands of dollars from hardworking immigrant families who deserve to have their money returned We want ICE to fix this system, we want the court to declare that ICE is violating its legal obligations under the contract so that this doesn't happen to other families again in the future"
Plaintiff Ada Salazar, granted legal status in 2021, has also joined the lawsuit after her uncle's $5,000 bond posted in 2016 was never refunded. Salazar, now a food truck owner in North Carolina, expressed hope that the funds will finally be returned. ICE declined to comment, citing its policy not to discuss ongoing litigation.
The lawsuit, brought in the Eastern District of New York, seeks class-action status for individuals who posted cash bonds for detained family members but did not receive timely refunds after cases concluded.
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