Immigration advocates and lawyers have urged the Trump administration to release families who are in federal immigration custody, given the confined setting and potential spread of coronavirus.
“Holding asylum seeking families in facilities with active Covid outbreaks or making them give up their kids to protect them is constitutionally punitive,” said Amy Maldonado, an attorney for the plaintiffs.
Families are detained in three facilities run by ICE — Berks in Pennsylvania, South Texas (Dilley) and Karnes County in Texas. Children at the facilities range from 1 year old to 17 years old, according to lawyers and advocates who provide legal assistance.
The case before Judge James Boasberg in the US District Court for the District of Columbia called for the release of families, not just children. He didn’t agree with the plaintiffs request to release everyone.
In a 26-page ruling, Boasberg details the precautions taken by the government, like mask use, and addresses issues raised by plaintiffs, like lack of social distancing and medical care. Despite recognizing steps taken by ICE and shortfalls alleged by plaintiffs, Boasberg said other options, outside of blanket release, need to be considered.
“Petitioners, fearful as we all are of contracting a novel and dangerous disease, understandably swing for the fences in seeking wholesale release,” Boasberg wrote. “Those fences are high and hard to clear, however, as Petitioners must demonstrate that no court-ordered remedy other than their release will do.”
Attorneys for the families are reviewing their options.
Overall, there have been more than 3,700 confirmed cases in custody.