ACLU Files First Lawsuit Challenging Officers' Use of SB 1070 "Show Me Your Papers" Law
Civil Liberties Group Says Arizona Law Enforcement Continues to Violate Constitutional Rights Under Discriminatory Law
September 25, 2014
FOR IMMEDIATE RELEASE
CONTACT: 212-549-2666, media@aclu.org
PHOENIX – The American Civil Liberties Union filed a lawsuit today in federal court in Phoenix on behalf of an Arizona woman who spent five days in the custody of immigration authorities after a Pinal County Sheriff's deputy "cited and released" her following a traffic stop, then instructed another sheriff's deputy to transport her to a nearby Border Patrol station. The lawsuit brings a Fourth Amendment claim against the deputies for prolonging her detention solely based on a suspicion that she was an undocumented immigrant. At the time of her detention, the woman, Maria Cortes, had a pending U-visa application stemming from her status as a victim of domestic violence.
"When the officer who stopped me asked if I had a visa, I offered to show him a copy of my pending U-visa application that I keep in the glove compartment of the car but he said he wasn't interested in that," said Ms. Cortes. "They put me in the police car, never told me why they were taking me or where I was going, which really worried me because I didn't know what would happen to my children — the five days I spent detained were a nightmare for me."
The incident occurred on September 29, 2012; Ms. Cortes was granted a U-visa less than a year later.
Since the "show me your papers" provision of Arizona's anti-immigrant law SB 1070 went into effect two years ago, the ACLU has documented numerous cases of racial profiling and illegal detentions by law enforcement officials throughout the state. In Tucson alone, the ACLU has filed several "Notices of Claim" alleging that law enforcement officers regularly engage in racial profiling and illegal detention as a result of the law. This is the first federal lawsuit to challenge application of the "show me your papers" law in Arizona. Today's case challenges the actions of two deputies of the Pinal County Sheriff's Office, which is headed by Sheriff Paul Babeu. Along with Maricopa County Sheriff Joe Arpaio, Sheriff Babeu has been among the most outspoken law enforcement supporters of SB 1070.
"We have argued all along that this law encourages abuse, particularly based on racial profiling of individuals who in the course of a routine stop are presumed to be undocumented simply because of the color of their skin or the way they speak," said Christine P. Sun, an attorney with the ACLU Immigrants' Rights Project. "We continue to find cases of abuse stemming from this law, so we will continue to challenge it."
Last year, the ACLU took action against the South Tucson Police Department (STPD) on behalf of an individual who was detained by officers without any legal basis and turned over to the Border Patrol. The claim charged false arrest and imprisonment, unreasonable search and seizure and violation of his equal protection under the law. A lawsuit was averted in May of this year after STPD agreed to overhaul the department's policies with respect to immigration enforcement.
Other Arizona municipalities, including Phoenix and Tucson, have resisted calls for reform despite mounting evidence of abuse. In Tucson, numerous members of the Southside Worker's Center have been stopped by Tucson Police for minor traffic infractions. In August, Tucson police referred Southside workers to Border Patrol on two occasions in the same week. Tucson police have detained workers without legal authority and for the sole purpose of referring them to Border Patrol, and notwithstanding the fact that SB 1070's provisions targeting day laborers have been declared unconstitutional. The ACLU sent Notices of Claim to the City of Tucson arising out of two of those stops, but the City missed the deadline to respond, and has refused to adopt numerous reforms proposed by Southside workers and by the ACLU.
Other abuses documented by the ACLU that have occurred because of Section 2(B) include:
- Mesa Police Department's jailing of a 67-year-old Latino citizen after he picked a water bottle out of a trash can at a convenience store;
- Casa Grande Police Department's jailing and transporting to U.S. Immigration and Customs Enforcement a passenger of a car that was stopped for having a burnt-out taillight;
- Tucson Police Department's questioning of a woman about her immigration status after she called on them to assist her in a domestic violence situation; and
- Phoenix Police Department's unconstitutional search and detention of a legal resident who was questioned about his immigration status while picking up his car from an impound lot.
In addition to the legal claims against STPD and TPD, the ACLU and its partners have been talking with police departments and local governments across the state to inform them about the law's basic failings, explaining that SB 1070 doesn't trump the U.S. Constitution or provide an excuse for discriminatory policing.
A copy of the complaint, Cortes v. Lakosky, is at: /immigrants-rights/cortes-v-lakosky-complaint
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NEW YORK – New documents obtained by the ACLU reveal that Immigration and Customs Enforcement (ICE) is actively considering proposals to expand its immigration detention capacity in at least six states across the country, including in California, Kansas, Nevada, New Mexico, Texas, and Washington state. The records, obtained as a result of a Freedom of Information Act (FOIA) lawsuit filed by the ACLU in September 2024, disclose that private prison corporations, as well as other corporate entities that provide services to build temporary facilities, monitor compliance, and staff facilities submitted proposals for expanded immigration detention in response to ICE’s contract requests. The discovery comes just weeks after the ACLU received its first tranche of FOIA documents revealing that ICE is considering expanding detention in three different facilities in New Jersey. “You cannot have mass deportations without a significant expansion of ICE detention capacity in states across the country and that’s exactly what the incoming Trump administration is preparing to do,” said Eunice Cho, senior staff attorney at the ACLU’s National Prison Project. “Rather than permanently shutting down abusive detention facilities, the Biden administration is paving the way for President-elect Donald Trump to make good on his cruel and inhumane mass deportation proposals.” The FOIA documents reveal that GEO Group, Inc., CoreCivic, and the Management & Training Corporation (MTC) submitted contract proposals to Requests for Information (RFI) to expand detention capacity and facilities, several of which have a lengthy history of abusive conditions. The proposals for expanded immigration detention facilities include: Midwest Regional Reception Center in Leavenworth, KS – formerly known as Leavenworth Detention Center – which has a track record of abusive conditions, which led the federal government to end its contract with the facility in 2021. South Texas Family Residential Center in Dilley, TX – a facility where children as young as 19 months have died as a result poor medical care. Nevada Southern Detention Center in Pahrump, NV – which has been subject to a federal invesitgation for medical negligence, racial discrimination, and verbal abuse of detained people. Cibola County Correctional Center in Milan, NM — which has been the site of numerous deaths in recent years, with incidents of neglect, abuse, and lack of medical care. Torrance County Detention Facility in Estancia, NM – which Department of Homeland Security’s Office of Inspector General cited in 2022 due to poor conditions. California City Correctional Center in California City, CA – which was previously used as a California Department of Corrections prison until March 2024. ICE also withheld a number of documents in its FOIA disclosure, obscuring the names of the specific facilities. However, the documents produced indicate that the following detention facilities are likely under consideration by ICE: Lea County Correctional Facility in Hobbs, NM (Proposal by GEO Group, Inc. for the El Paso Field Office) Northwest ICE Processing Center in Tacoma, WA (Proposal by GEO Group, Inc. for the Seattle Field Office) Golden State Annex in McFarland, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) Mesa Verde Detention Center in Bakersfield, CA (Proposal by GEO Group, Inc. for the San Francisco Field Office) MTC facility in South Texas, which may include the Willacy County Jail in Raymondville, TX (Proposal by MTC for the Harlingen Field Office) GEO Group, Inc. facility in IL, IN, WI, MI, KT, or KS (Proposal by GEO Group, Inc. for Chicago Field Office) GEO Group, Inc. facility in South Texas, which may include the Brooks County Detention Center, Falfurrias, TX; Coastal Bend Detention Center, Robstown, TX; or the East Hidalgo Detention Center in LaVilla, TX (Proposal by GEO Group, Inc. For the Harlingen Field Office) Other corporate entities, including Kastel Enterprises, LLC., and Active Deployment Systems, which provide services to build temporary facilities, and Sabot Consulting, which provides compliance monitoring and detention staffing services, also submitted responses to ICE’s request. As the ACLU has previously documented, the federal government’s immigration detention system overwhelmingly relies on private prison corporations. Private prison corporations, like the GEO Group, CoreCivic, LaSalle Corrections, and the Management & Training Corporation have pocketed billions from ICE detention contracts over the past two decades. The FOIA records are available here: /documents/multi-state-detention-facility-support-foia-documents-request-for-information -
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ACLU FOIA Litigation Reveals New Information Regarding ICE’s Plans to Expand Immigration Detention in New JerseyACLU FOIA Litigation Reveals New Information Regarding ICE’s Plans to Expand Immigration Detention in New Jersey
NEW YORK – New documents obtained by the ACLU reveal that Immigration and Customs Enforcement (ICE) is actively considering proposals to expand its immigration detention capacity across the state of New Jersey. The records, obtained as a result of a FOIA lawsuit filed by the ACLU in September 2024, disclose that ICE capacity could increase by approximately 600 beds in at least two facilities in New Jersey. The discovery comes as President-elect Donald Trump continues to double down on his campaign promise to implement the largest mass deportation and detention program in the nation’s history. For months, the ACLU of New Jersey and advocates have raised concerns with the Biden administration’s plans to expand detention in New Jersey, as well as in potentially sixteen other states identified by ICE. “Instead of closing abusive detention facilities once and for all, the Biden administration is simply paving the way for the incoming Trump administration to conduct mass detention and deportation of immigrant communities nationwide,” said Eunice Cho, Senior Staff Attorney at the ACLU’s National Prison Project. “The Biden administration must instead work to close these facilities now.” These facilities under consideration include the Elizabeth Detention Center, located in Elizabeth, New Jersey and owned and operated by CoreCivic, Inc., and the Albert M. “Bo” Robinson Center (ARC) in Trenton, New Jersey, which was formerly owned by the GEO Group, Inc. Both facilities have significant records of poor conditions. Investigations of conditions at ARC exposed abusive conditions including “robbery, sexual assault, [and] menacing of the weak.” Meanwhile, the Elizabeth Detention Center has also come under fire for consistent medical neglect, cramped and unsanitary living quarters, and abusive treatment from guards. The ACLU obtained these documents as a result of Freedom of Information Act (FOIA) litigation, which sought in part records responsive to a contract solicitation for additional ICE detention space in the Newark, New Jersey area. The solicitation, originally issued on June 26, 2024, sought “comprehensive detention services for adult male and female noncitizens” to “provide for general population, intake, segregated housing, and medical beds at a contractor-owned/contractor-operated detention facility or facilities.” The documents provided by ICE provide a limited glimpse of the detention proposals, as the production appears to include only the environmental impact statement portions of the proposals submitted by CoreCivic, Inc. and GEO Group, Inc. to ICE. It is unclear from the documents whether there are additional New Jersey facilities that responded to ICE’s solicitation, or how much it would cost taxpayers. For example, the GEO Group, Inc. claimed in litigation earlier this year that it has readied the Delaney Hall Facility, located in Newark, New Jersey, to conform with ICE operating requirements. “New Jersey has already taken steps to oppose immigrant detention by phasing out ICE contracts and closing county-run ICE jails. But as federal plans to expand detention in New Jersey continue, the need for protections grows by the day. That’s why it’s imperative that the Biden administration immediately halt any efforts to expand this abusive detention machine,” said ACLU-NJ campaign strategist Ami Kachalia. “We also urge the New Jersey Legislature to quickly pass the Immigrant Trust Act so that New Jersey is not complicit in separating families or depriving our residents of due process.” State officials and members of New Jersey’s congressional delegation have opposed the expansion of ICE detention in the state. Earlier this year, eight Representatives and Senator Cory Booker raised concern regarding the development of additional private ICE detention facilities in the state. Prior to that, the New Jersey state legislature passed AB 5207 in 2021, which prohibited state and local entities and private detention facilities from entering, renewing, or expanding immigration detention contracts. Both CoreCivic, Inc., and GEO Group, Inc. filed suit to stop enforcement of the law, which has been enjoined pending appeal. The ACLU of New Jersey filed a friend-of-the-court brief on behalf of 28 community organizations in support of New Jersey's anti-detention law. The FOIA records are available here: /documents/foia-documents-re-nj-ice-detention-rfi