Judge James Boasberg Denies Request for the Release of Detained Migrants

(Photo: Reuters)

A federal judge in Washington has turned down a request to release dozens of detained immigrant families due to the threat of coronavirus. Also, the judge ordered that immigration authorities come into compliance with federal guidelines for preventing transmission of the virus in places like the Pennsylvania and Texas detention centers where those families are held.

READ: Immigrant Advocates Plea for ICE to Release Detainees

U.S. District Court Judge James Boasberg Issued the Order Monday

This decision is in response to a lawsuit filed earlier this month, arguing that the families were in grave danger due to the simplicity with which the virus can spread.

Boasberg said he is prepared to police issues like checking temperatures of detainees, making sure there are supplies and soap adequate, and adequate space in the facilities to allow for some social distancing. Still, he said calls for him to force immediate releases went too far - at least for now.

Boasberg, an appointee of President Barack Obama, demanded a detailed report from the government in seven days about whether it's in compliance with guidelines issued by the Centers for Disease Control for "congregate" facilities, like jails. He also said authorities must turn over videos showing how closely packed in detainees are actually at the centers at issue, that is located in Dilley, Texas, Karnes City, Texas, and Berks, Pa.

Near the outset of the hearing, the judge told a lawyer for the families, Susan Baker Manning, that the request for immediate release seemed like a change from the pleas in the suit for more humane conditions taking account of the viral pandemic.

Manning said she sees no way that the detention centers can comply anytime soon with suggestions from the CDC, like those calling for folks to remain six feet apart.

ALSO READ: Should ICE Be Forced to Release Illegal Migrants In Custody?

ICE Declares They are Taking Necessary Steps

A Justice Department lawyer representing ICE, Vanessa Molina, said the facilities are taking appropriate steps, like taking temperatures of incoming staff, having non-essential staff telework, and releasing some detainees to lower the headcount at the centers.

The scope of releases of detained immigrants as a result of the pandemic is unclear. Officials have been vague about this process. President Donald Trump has reportedly expressed anger over news reports that immigration enforcement was being lessened due to the virus.

Molina asserted that the so-called family residential centers are complying with the CDC guidelines. Still, she said they do not give concrete answers about what is required to reduce the risk of infection to an acceptable level.

While serious illness in kids as a result of the virus is rare, Manning noted that probably the smallest sometimes get grave cases. 

The suit before Boasberg covered approximately three dozen families at the time it was filed March twenty. Since that time, several of those listed have been released, while lawyers have sought to add others to the suit.

U.S. District Court Judge Dolly Gee, an Obama appointee, also ordered the Department of Human and Health Services to step up the efforts of its to release kids to suitable guardians wherever possible.

READ MORE: Detained Migrants Requested Release as the Pandemic Intensifies