Print PDF

The ACLU and Lawyers’s Committee for civil rights filed a class action suit against DHS and ICE for their blanket policy of shackling detainees, all of whom appear in immigration court shackled at the wrists, waist, and ankles, regardless of history or risk of danger.

From Lawyers Committee for Civil Rights:

The lawsuit was filed in U.S. District Court in San Francisco by four individuals on behalf of a class of people who are or will be detained for their immigration proceedings in San Francisco. The suit calls for replacement of ICE’s blanket policy on shackling detainees in San Francisco immigration court with a case-by-case policy that would protect due process rights while maintaining ICE’s ability to use restraints as needed for individuals who pose a true security threat.

DHS and ICE continue to torture, dehumanize, and re-victimize immigrants and asylum petitioners:

Uelian De Abadi-Peixoto, a 35-year-old woman from Brazil currently in immigration custody in Yuba County, is one of the plaintiffs in the suit. Ms. De Abadi, who has no history of violence or disruption in court or in custody, has plastic and steel plates in her knees, legs, feet, back, and head. The shackles used during transportation and in-court proceedings aggravate her previous injury and current medical condition.

An asylum applicant and domestic violence survivor, Ms. De Abadi’s injury from being shackled is intensified by the memories of being bound and raped by her abusive husband and his brother. Ms. De Abadi has been placed in metal hand and leg restraints for travel to and participation in immigration court proceedings on about five occasions. For every immigration court hearing in San Francisco since November 2010, Ms. De Abadi has appeared in full shackles – ankle and wrist restraints and a belly chain. In the event she has to testify, she will not be able to raise her hand to be sworn in.

(2)