This afternoon, Kaplan Hecker & Fink LLP partnered with @Public Counsel to file a Ninth Circuit amicus brief identifying outrageous constitutional violations by ICE at the Adelanto Detention Center -- and explaining why ICE must release detainees to protect them from exposure to the coronavirus. Partner Joshua Matz made the following statement:
"ICE cannot lawfully seize people, subject them to a substantial risk of exposure to the coronavirus, deny them any ability to protect themselves, and then disclaim responsibility for their fate. Yet that is exactly what has happened at Adelanto Detention Center. To remedy the egregious and persistent constitutional violations at Adelanto, the district court ordered ICE to release enough detainees to allow social distancing within the facility. We are proud to represent leading experts in law, medicine, and public health in urging the Ninth Circuit to deny the Government's request to stay that order. Entering a stay would be a dangerous gamble—and would drastically increase the odds that Adelanto will be overwhelmed by a coronavirus outbreak while this case languishes on appeal. Neither law nor equity warrants that result."
Read the full amicus brief here. Joshua Matz, Michael Skocpol, Kyla Magun, and Dylan Cowit contributed to the brief, in partnership with Public Counsel.