conditions

Judge Robert Gettleman orders better conditions at ICE detention site near Chicago

Nov. 5 (UPI) — A federal district judge on Wednesday ordered authorities to improve conditions inside the U.S. Immigration and Customs Enforcement building near Chicago.

U.S. District Judge Robert Gettleman, calling the conditions “unnecessarily cruel,” acted on a class action lawsuit Wednesday after hearing several hours of testimony from five people detained at the Broadview immigration detention site west of Chicago.

“People shouldn’t be sleeping next to overflowing toilets,” Gettleman, who was appointed by President Bill Clinton, said. “They should not be sleeping on top of each other.”

The four-page order also mandates detainees to be able to contact their attorneys. The order on the class action lawsuit will run from Nov. 19, when he will have another hearing though the Trump administration was told to give him a status by Friday on complying with the order.

“The court finds that plaintiffs and members of the punitive class have suffered, and are likely to suffer, irreparable harm absent the temporary relief granted herein, that they are likely to prevail on the merits of the claims, that the balance of the equities tips in their favor,” he said.

They also must be provided with a shower at least every other day; clean toilet facilities; three full meals per day; a bottle of water with each meal; adequate supplies of soap, toilet paper, and other hygiene products; and menstrual products and prescribed medications.

Holding cells also must be cleaned at least twice a day.

Regarding legal defense, detainees must have free and private phone calls with their attorneys and a list of pro bono attorneys in English and Spanish.

And they must be listed in ICE’s online detainee locator system as soon as they arrive at the Broadview facility.

The judge heard several hours of testimony about conditions at the building, which is intended to hold detainees for a few hours.

They described the inadequate food, sleeping conditions, medical care and bathrooms near where they slept. They said they slept on the floor or on plastic chairs.

The lawsuit claimed the facility “cut off detainees from the outside world,” which the government has denied.

The judge didn’t act on the plaintiff’s request to limit how many people would be kept in holding cells and limit them to not more than 12 hours if the changes aren’t enacted.

The U.S. government said the restrictions would “halt the government’s ability to enforce immigration law in Illinois.”

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Judge hears testimony about ‘disgusting’ conditions at Chicago-area immigration site

A judge heard testimony Tuesday about overflowing toilets, crowded cells, no beds and water that “tasted like sewer” at a Chicago-area building that serves as a key detention spot for people rounded up in the Trump administration’s immigration crackdown.

Three people who were held at the building in Broadview, just outside Chicago, offered rare public accounts about the conditions there as U.S. District Judge Robert Gettleman considers ordering changes at a site that has become a flashpoint for protests and confrontations with federal agents.

“I don’t want anyone else to live what I lived through,” said Felipe Agustin Zamacona, 47, an Amazon driver and Mexican immigrant who has lived in the U.S. for decades.

Zamacona said there were 150 people in a holding cell. Desperate to lie down to sleep, he said he once took the spot of another man who got up to use the toilet.

And the water? Zamacona said he tried to drink from a sink but it “tasted like sewer.”

A lawsuit filed last week accuses the government of denying proper access to food, water and medical care, and coercing people to sign documents they don’t understand. Without that knowledge, and without private communication with lawyers, they have unknowingly relinquished their rights and faced deportation, the lawsuit alleges.

“This is not an issue of not getting a toilet or a Fiji water bottle,” attorney Alexa Van Brunt of the MacArthur Justice Center told the judge. “These are a set of dire conditions that when taken together paint a harrowing picture.”

Before testimony began, U.S. District Judge Robert Gettleman said the allegations were “disgusting.”

“To have to sleep on a floor next to an overflowing toilet — that’s obviously unconstitutional,” he said.

Attorney Jana Brady of the Justice Department acknowledged there are no beds at the Broadview building, just outside Chicago, because it was not intended to be a long-term detention site.

Authorities have “improved the operations” over the past few months, she said, adding there has been a “learning curve.”

“The conditions are not sufficiently serious,” Brady told the judge.

The building has been managed by U.S. Immigration and Customs Enforcement for decades. But amid the Chicago-area crackdown, it has been used to process people for detention or deportation.

Greg Bovino, the Border Patrol commander who has led the Chicago immigration operation, said criticism was unfounded.

“I think they’re doing a great job out there,” he told the Associated Press during an interview this week.

Testifying with the help of a translator, Pablo Moreno Gonzalez, 56, said he was arrested last week while waiting to start work. Like Zamacona, he said he was placed in a cell with 150 other people, with no beds, blankets, toothbrush or toothpaste.

“It was just really bad. … It was just too much,” Moreno Gonzalez, crying, told the judge.

A third person, Claudia Carolina Pereira Guevara, testified from Honduras, separated from two children who remain in the U.S. She said she was held at Broadview for five days in October and recalled using a garbage bag to clear a clogged toilet.

“They gave us nothing that had to do with cleaning. Absolutely nothing,” Guevara said.

For months advocates have raised concerns about conditions at Broadview, which has drawn scrutiny from members of Congress, political candidates and activist groups. Lawyers and relatives of people held there have called it a de facto detention center, saying up to 200 people have been held at a time without access to legal counsel.

The Broadview center has also drawn demonstrations, leading to the arrests of numerous protesters. The demonstrations are at the center of a separate lawsuit from a coalition of news outlets and protesters who claim federal agents violated their First Amendment rights by repeatedly using tear gas and other weapons on them.

Fernando writes for the Associated Press. AP reporters Sophia Tareen in Chicago and Ed White in Detroit contributed to this report.

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