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Reason
Reason
Eugene Volokh

"[T]he First and Fifth Amendments Require ICE to Provide Information About the Whereabouts of a Detained Person"

From Reyes v. U.S. ICE, decided Wednesday by Judge Tena Campbell (D. Utah) (note that the government has not yet appeared to tell its side of the story):

Before the court is a Motion for Temporary Restraining Order filed by Plaintiffs Esggar Reyes and Frederico Reyes Vasquez. Mr. Reyes Vasquez was arrested by Defendant United States Customs and Immigration Enforcement (ICE) on December 19, 2025. His son, Mr. Reyes, asserts that despite multiple efforts, he has been unable to reach ICE to obtain any information about his father's detention. Specifically, Mr. Reyes maintains that his counsel, Alec S. Bracken, attempted to call the Salt Lake City ICE field office on the number listed on ICE's website—i.e., (801) 736-1200—but that the phone automatically disconnected.

In the meantime, Mr. Bracken filed a petition for habeas corpus on behalf of Mr. Reyes Vasquez. That petition is now pending before the Honorable Jill N. Parrish. Judge Parrish ordered that Mr. Reyes Vasquez should not be transferred outside the District of Utah and set a hearing for the petition for Wednesday, December 31, 2025. Despite that order, Mr. Bracken asserts that Mr. Reyes Vasquez may have been removed from the United States on December 23, 2025.

Late yesterday, Mr. Bracken filed a complaint and a motion for a temporary restraining order in the above-captioned action. Through counsel, Mr. Reyes and Mr. Reyes Vasquez argue that ICE's failure to maintain a functioning method for communication is a violation of the Fifth Amendment's due process guarantee, the First Amendment's right to petition, and the Administrative Procedure Act (APA). The Plaintiffs move the court to enter an order directing the Defendants to reconnect ICE's public inquiry phone line, to schedule a prompt hearing, and to grant any other relief the court deems just and proper….

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