poor condition

The California Department of Justice will sue the Los Angeles County Sheriff’s Department and its sheriff, Robert Luna, for what Atty. Gen. Rob Bonta called a “humanitarian crisis” inside of the county jails.

Inmates are housed in unsafe, dirty facilities infested with roaches and rats, Bonta said in a news conference Monday, and lack basic access to clean water and edible food. “More alarming, people are dying,” he said.

There have been over 205 in-custody deaths in four years, Bonta said, with 40% caused by suicide, homicides and overdoses. He called for comprehensive reform, but said the county forced his hand by refusing to comply.

“I’d prefer collaboration over litigation, but the county has left us with no choice, so litigation it is,” he said.

Bonta called for L.A. County and the sheriff’s department to provide inmates with adequate medical, dental and mental health care, protect them from harm, provide safe and humane confinement conditions. He also called on jail officials to better accommodate the needs of disabled inmates and those with limited English proficiency.

Bonta painted a dark portrait of L.A. County’s jails, describing filthy conditions, vermin and insect infestations, a lack of clean water and moldy and spoiled food. He said prisoners face difficulty obtaining basic hygiene items and are not permitted to spend enough time outside of their cells.

L.A. County, which houses the largest jail system in the country, has long been criticized for poor conditions. As it has expanded to hold around 13,000 people on any given day, decades — perhaps a century — of mistreatment and overcrowding have been documented.

The system lost a federal lawsuit in 1978 after decades of dirty, mold-ridden and overcrowded jails prompted inmates to fight back through the courts, and frequently faces suits alleging it fails to provide proper food, water and shelter.

The state’s lawsuit comes amid a years-long struggle to close and replace Men’s Central Jail in downtown Los Angeles, from which inspectors regularly document poor conditions: mold, mildew, insufficient food and water and, more recently, a report last year that said jailers were too busy watching an “explicit video” to notice a noose hung inside a cell.

“In June 2024, the Sybil Brand Commission reported that multiple dorms at Men’s Central were overcrowded with broken toilets, some containing feces that could not be flushed; a urinal that caused ‘effluence to emerge through the mid-floor drain’ when flushed; and ceilings that had been painted over to cover mold,” Bonta’s office wrote in its complaint.

In addition to Luna and the sheriff’s department, the county Department of Health Services, Correctional Health Services and its director, Timothy Belavich, were also named as defendants.

The lawsuit decried the “dilapidated physical condition of the facility and the numerous instances of violence and death within its walls.” It went on to explain that the county Board of Supervisors voted to close the chronically overcrowded Men’s Central Jail twice, including in 2020.

The sheriff’s department has said it would be difficult to close the jail because of the high volume of inmate admissions and lack of viable alternatives.

But in-custody deaths this year are on track for what Bonta’s office described as at least a 20-year high with 36 reported so far, or about one a week, according to the county’s website.

Inmates have been known to set fires in rooms with no smoke alarms — not to cause mischief, but to cook and supplement cold, sometimes inedible meals.

Some inmates — many of whom have been arrested recently and have not been convicted of crimes — are left to sleep on urine-soaked floors with trash bags as blankets and no access to medications and working plumbing. A 2022 lawsuit from the American Civil Liberties Union called the conditions “medieval.”

“The LASD jails,” the state attorney general’s office wrote in the complaint, “have a longstanding history of deplorable conditions and constitutional violations.”

As the Trump administration continues to ramp up immigration enforcement actions, a group of lawmakers is suing Immigration and Customs Enforcement for placing restrictions on detention center visits — obstructing Congress’ role in overseeing government functions.

Twelve House Democrats filed a lawsuit challenging new guidelines that require advance notice for oversight visits and render certain facilities off-limits. “No child should be sleeping on concrete, and no sick person should be denied care,” said Rep. Jimmy Gomez (D-Los Angeles). “Yet that’s exactly what we keep hearing is happening inside Trump’s detention centers.”

These lawmakers are right to seek access to detention facilities. Detention centers have long been plagued by poor conditions, so the need for oversight is urgent. With record numbers of migrants being detained, the public has a right to know how people in the government’s custody are being treated.

The U.S. operates the world’s largest immigration detention system, at a cost of $3 billion a year. This money is appropriated by Congress — and comes with conditions.

Under existing law, none of the funds given to Homeland Security may be used to prevent members of Congress from conducting oversight visits of “any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens.” In addition, the law states that members of Congress are not required to “provide prior notice of the intent to enter a facility.” So ICE’s attempt to place limits on oversight appears to be illegal.

The restrictions are also problematic because they claim to exempt the agency’s field offices from oversight. However, migrants are being locked up in such offices, including at the Edward R. Roybal Federal Building in Los Angeles, and 26 Federal Plaza in New York City. In the former, one detainee reported being fed only once a day, at 3 a.m. In the latter, as many as 80 detainees have been crammed into a single room amid sweltering summer temperatures. These offices were never set up to house people overnight or for days or weeks. If they are functioning as de facto detention centers, then they must be subject to inspections.

Congressional oversight of immigration detention is vital right now. The current capacity for U.S. detention facilities is 41,000. Yet the government was holding nearly 57,000 people as of July 27. That means facilities are far over capacity, in a system that the Vera Institute of Justice describes as “plagued by abuse and neglect.”

No matter who is president, conditions in immigrant detention are generally abysmal. Migrant detention centers have been cited for their lack of medical care, poor treatment of detainees, and physical and sexual violence. In 2019, the federal government itself reported that conditions in detention were inhumane. At least 11 people have died in detention since January. This reality cries out for more transparency and accountability — especially because Homeland Security laid off most of its internal watchdogs earlier this year.

The ranks of detainees include asylum-seekers, teenagers, DACA recipients, pregnant women, journalists and even U.S. citizens. Most of the detainees arrested lately have no criminal convictions. These folks are often arrested and moved thousands of miles away from home, complicating their access to legal representation and family visits. A visit by a congressional delegation may be the only way to ensure that they are being treated properly.

In response to the lawsuit by House Democrats, Tricia McLaughlin, a spokesperson for Homeland Security, said: “These members of Congress could have just scheduled a tour. Instead, they’re running to court to drive clicks and fundraising emails.” She added that ICE was imposing the new limits, in part, because of “obstructions to enforcement, including by politicians themselves.”

McLaughlin might have been referring to a May scuffle outside a Newark, N.J., detention center that led to charges being filed against Rep. LaMonica McIver (D-N.J.) and the arrest of the city’s mayor. But this incident would not have occurred if immigration officials had followed the law and allowed lawmakers inside to survey the facility’s conditions.

Indeed, the acting director of ICE, Todd Lyons, told a congressional hearing in May that he recognized the right of members to visit detention facilities, even with no notice. And the notion that any government agency can unilaterally regulate Congress runs afoul of the Constitution. The legislative branch has the right and obligation to supervise the executive branch. Simply put, ICE cannot tell members of Congress what they can or cannot do.

The need for oversight in detention facilities will only become greater in the future, as Congress just approved $45 billion for the expansion of immigrant detention centers. This could result in the daily detention of at least 116,000 people. Meanwhile, 55% of Americans, according to the Pew Center, disapprove of building more facilities to hold immigrants.

ICE’s new policies violate federal law. No agency is above oversight — and members of Congress must be allowed full access to detention facilities.

Raul A. Reyes is an immigration attorney and contributor to NBC Latino and CNN Opinion. X: @RaulAReyes; Instagram: @raulareyes1