Two additional detainees held by Immigration and Customs Enforcement (ICE) in Iowa jails have filed claims alleging the Justice Department is violating the law by continuing their detention despite recent court rulings, according to filings this week.
The claims, mirroring those made by other detainees in recent weeks, center on allegations that ICE is utilizing what a federal judge has termed a “legal fiction” to justify continued detention. This legal strategy, challenged in court, involves classifying detainees as having committed aggravated felonies, even when their underlying convictions do not meet that definition under federal law.
Last week, U.S. District Judge Stephanie M. Rose ordered ICE Chief Counsel John Hastings to appear in court to explain why detainees are being denied due process. The judge’s order followed a ruling that ICE had illegally detained a man in an Iowa jail and attempted to “cover its tracks,” according to Fox News. The judge found that ICE knowingly presented false information to the court to justify the man’s continued detention.
The recent filings suggest that ICE has not altered its practices following Judge Rose’s order. The detainees argue that their continued imprisonment is a direct violation of their constitutional rights and the judge’s directives. Details of the specific cases of the two new claimants were not immediately available, but their filings echo the arguments presented by others who have successfully challenged their detention.
Judge Rose’s earlier ruling focused on the case of a man detained in Polk County Jail. The judge determined that ICE had misrepresented his criminal history, falsely claiming a prior conviction qualified as an aggravated felony, thereby justifying his continued detention while awaiting deportation. The court found that ICE was aware the conviction did not meet the legal standard but proceeded with the detention anyway.
The legal challenges in Iowa are part of a broader pattern of scrutiny regarding ICE’s detention practices. The cases raise questions about the agency’s adherence to due process and the accuracy of the information presented to courts. As of Thursday, ICE had not responded to requests for comment regarding the new filings or Judge Rose’s order.
A hearing date for ICE Chief Counsel Hastings to explain the agency’s practices has not yet been publicly announced. The outcome of that hearing is expected to have significant implications for the detention of other ICE detainees in Iowa and potentially across the country.
