P.L. et al. v. U.S. Immigration and Customs Enforcement
On February 12, 2019, seven immigrants, representing a class of all detained immigrants in the New York City area, and the three New York Immigrant Family Unity Project (NYIFUP) providers—Brooklyn Defender Services (BDS), The Legal Aid Society (LAS), and The Bronx Defenders (BxD)—filed a federal lawsuit in the United States District Court for the Southern District of New York challenging U.S. Immigration and Customs Enforcement’s (ICE) refusal to bring immigrants to court for deportation hearings. Instead of letting detained immigrants appear in court, ICE has been forcing them to use a video connection to challenge their detention and deportation.
For the first four and a half years of NYIFUP, in-person hearings ensured that detained immigrants had an opportunity to fully access the courts and participate in their defense during removal proceedings and allowed attorneys to more effectively represent and meaningfully protect their clients’ rights and interests.
Without warning, ICE’s New York Field Office announced on June 27, 2018 that starting that day, removal proceedings at the Varick Street Immigration Court in New York City would be conducted exclusively by video teleconferencing (VTC). Immigrants detained by ICE would appear by video feed from the county jail at which they are held—disconnected from the court, their lawyers, evidence presented by the Government, and their case.
The Plaintiffs are asking the federal court to enforce the government’s constitutional and statutory obligation to provide detained immigrants with due process, to ensure access to the courts, and to preserve the right of clients to communicate with their attorneys. BDS, LAS, BxD, Wilmer Cutler Pickering Hale and Dorr LLP, and Debevoise & Plimpton LLP represent the class and the organizational plaintiffs.