A settlement has been reached between the U.S. federal government and a group of immigrants who filed a class-action lawsuit over U.S. Immigration and Customs Enforcement (ICE) wait time for their initial hearing. The government is required to pay $190,000 to the New York Civil Liberties Union Foundation to cover the legal fees incurred. Per the terms of the agreement, the group of immigrants cannot seek any additional funds to cover costs. This agreement solely covers the petitioner’s attorney’s fees and litigation costs and avoids additional expenses and further litigation.

The lawsuit was filed in 2018 on the basis that the median wait time of 50 days for an initial hearing with U.S. Immigration and Customs Enforcement (ICE) wait time is excessive. A district court found that U.S. Citizenship and Immigration Services (USCIS) wait time is unconstitutional. In November 2020, a Manhattan federal court judge found that the wait times violate the Fifth Amendment’s due process clause. As such, that judge ordered the ICE New York office to complete the initial hearing for any immigrant within 10 days of arrest. The U.S. government claimed the complaint was not relevant as the wait times were falling. The judge rejected that claim. However, the judge did clear the U.S. government of claimed violations of substantive due process.

The claimant group includes immigrants who are, have been, or will be detained by the New York office of ICE who have not completed their initial hearing in an immigration court before a judge.

The heart of the issue is the detention of individuals awaiting their initial hearing. The judge’s 2020 ruling clearly stated that while detention of charged individuals is allowed, the person’s right to freedom while awaiting their court date is key. The U.S. government does not have the right to detain charged individuals for excessive time.

The U.S. government appealed the 2020 ruling in January 2021. The plaintiff’s cross-appeal was filed a few weeks following. Subsequently, the parties to the matter agreed to withdraw the appeal.

If you have questions about your immigration-related issue, contact us at ILBSG. We actively monitor ongoing legal proceedings to anticipate and prepare our clients to maximize the odds of a positive outcome, and ensure they get the right advice.

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