Steven Cohen  |  January 17, 2020

Category: Legal News

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immigration lawA class action lawsuit has been filed against Michael A. Hughes, in his official capacity of United States Marshal for the District of Columbia Superior Court, by an unnamed defendant who claims that the United States Marshals Service (USMS) is unlawfully detaining people.

Plaintiff N.S. says that USMS officers are detaining individuals who have been released by a Superior Court judge but who are presumed to be in violation of civil immigration laws.

N.S. states that he is a resident of the District of Columbia and was detained by USMS officers after he was released by a Magistrate judge of the Superior Court. He claims to have lived in the District of Columbia for eight years and has an infant child.

The plaintiff alleges that he was arrested on Jan. 13, 2020 but was released by the Magistrate judge, finding that N.S. would not “flee or pose a danger to any person in the community.” 

Right after being released by the judge, N.S. was taken into custody by the USMS for what they called an “ICE Hold.”

After he was detained for at least two hours, neither N.S. nor his counsel was given a copy of an ICE detainer or other written information from ICE. To this day, N.S. is still in the custody of the United States Marshals’ office and his transfer to civil immigration custody is pending, according to the class action lawsuit.

The plaintiff states that the Marshals Service does not have the authority to hold individuals for civil immigration violations.

In addition, the plaintiff claims that the Marshals Service cannot enforce the civil laws of the United States and certainly cannot make “warrantless” arrests of those who are suspected of violating civil immigration laws.

The proposed class of plaintiffs seeks a preliminary and permanent order enjoining the Marshals Service from detaining and arresting individuals in Superior Court for suspected civil immigration violations and directing their immediate release, the class action lawsuit argues.

The class action maintains that only immigration officers can detain individuals who are suspected of immigration violations.

The plaintiff also states that Congress has created a process in which only law enforcement officers that are specifically trained in immigration law are allowed to make warrantless arrests for those who are suspected of immigration violations.

Officers of the Marshals Service do not receive this type of training and may not detain individuals just because the received a warrant or detainer.

That said, the class action lawsuit states that “USMS officers routinely seize and detain individuals for suspected civil immigration infractions even after individuals are ordered released by a judge of the Superior Court, or after the United States Attorney’s Office declines prosecution.”

Prospective Class Members in this class action include: “All indigent criminal defendants in the Superior Court for the District of Columbia: (1) who were, are, or will be detained by officers of the United States Marshals Service for suspected immigration violations, and (2) as to who, Immigration and Customs Enforcement has not effectuated a warrant of removal/deportation… and/or has not obtained an order of deportation or removal.”

What do you think of the U.S. Marshals’ Retaining Policies? Leave a message in the comments section below.

The plaintiff is represented by Steven Marcus of the Public Defender Service.

The Immigrant Unlawful Detaining Class Action is N.S. v. Michael A. Hughes, Case No. 1:20-cv-00101, in the U.S. District Court for the District of Columbia.

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