ICE detainees in Los Angeles will have to remain under custody after the U.S. Court of Appeals for the 9th Circuit overruled a judge's decision to require their release.

On April 24, U.S. District Judge Terry Hatter ordered the release of the immigrant detainees from the Adelanto ICE Processing Center in an effort to reduce the population and allow the remaining detainees to observe social distancing.

Hatter believed the conditions inside the holding facility creates a massive risk of being a breeding ground for a COVID-19 infection. He said the overcrowded detaining center prevents the immigrants from staying six feet apart from each other.

The recent decision by the U.S. Court of Appeals allows Trump's administration to appeal the order.

Despite overruling the release of the migrants, the 9th Circuit left part of Hatter's decision that required the facility to follow COVID-19 self-isolation guidelines suggested by the federal health agency, the Centers for Disease Control and Prevention.

Hatter's ruling came after an American union, and a law firm filed a class-action lawsuit demanding the release of the migrants primarily due to the living conditions at the facility.


Detention Center

According to the suit, small eight-by-10 foot cells often house four and eight detainees. They share bunk beds spaced three feet apart. The facility's showering areas often see up to 72 people at a time.

The detainees were also denied access to essential hygiene products-including hand sanitizers, gloves, and face masks. Cleaning procedures inside the facility were also reported to be lacking.

The detention center has over 1,300 immigrants. The COVID-19 infection can spread rapidly and infect hundreds of people inside Adelanto. The facility's staff are also at risk of contracting the deadly virus.

The lawsuit claims a progression of the disease could lead to devastating outcomes where one in every five migrants would need hospitalization. The figure, it said, could overwhelm regional medical capacity. Dozens will succumb to the virus.

Adelanto officials said they'd staggered meal times to prevent the migrants from crowding. They've also reduced the number of visitors to the center to follow social distancing measures.

While no detainee at the facility has yet to test positive for the COVID-19 pandemic, only six migrants have received tests as of April 23.


COVID-19

According to an ICE spokesperson, the agency has successfully reduced the population in all detention centers to about 70 percent. In Adelanto, they reduced the number of migrants from more than 1,680 to 1,294 since January.

ICE officials also denounced claims they do not observe regular cleaning protocols, citing they ensure detainees receive the care they need while under ICE custody. The spokesperson said their staff disinfects all common areas multiple times in a day. They have also equipped internal areas with disinfectant dispensers and are educating detainees on best practices to curb the spread of the new coronavirus.

The ICE was ordered to file a census of detainees by May 1. They were also required to submit weekly status reports and a summary of the total number of people inside the facilities.

ICE officials refused to comment on the pending litigation.


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