A federal judge has ordered sweeping changes at the ICE processing facility in Adelanto, San Bernardino County, following reports of unsafe and unsanitary conditions at the detention center.
U.S. District Judge Sunshine Suzanne Sykes issued a preliminary injunction Thursday finding that detainees who sued over conditions at the facility are likely to succeed on claims that the treatment they described violates the Fifth Amendment’s protections against inhumane confinement. While the underlying lawsuit continues, Sykes said she acted now because detainees could suffer irreparable harm without immediate court intervention.
The lawsuit followed the deaths of two men at the facility within weeks of each other last fall — Ismael Ayala-Uribe, 39, a former DACA recipient, and Gabriel García-Avilés, 56. Both deaths remain under federal investigation amid growing scrutiny of conditions inside immigration detention facilities under the Trump administration.
Attorneys for the detainees argued in their complaint that Adelanto failed to meet ICE’s own detention standards, pointing to a lack of clean drinking water, nutritious meals, sanitary conditions, medical care and medication, and initial health screenings for new arrivals. The suit also cited violations involving outdoor recreation time, family visitation, daily headcounts to confirm detainees were alive, and accommodations for people with disabilities.
In her ruling, Sykes ordered the facility to provide detainees with round-the-clock access to clean drinking water, meals containing adequate caloric intake, and free access to soap and hygiene products. The order also requires daily cleaning of the facility and remediation of any mold found on-site. Detainees must be given blankets and clothing appropriate for the temperature, along with at least four hours of outdoor recreation time each day.
The ruling bars Adelanto, located roughly 90 miles northeast of Los Angeles, from restricting family visits during normal business hours, and it eliminates limits on visit length and physical contact such as hugging or holding hands. The facility is also prohibited from cutting a visit short if a family member needs to use the restroom during the visit.
Most people held in California’s immigration detention facilities have not been charged with crimes — they are held on civil immigration violations.
The court ordered Adelanto to conduct at least two headcounts daily, one overnight and one during the day, to confirm that detainees are present and not incapacitated. The ruling also places new restrictions on the use of solitary confinement, permitting it only when staff safety is at risk or at a detainee’s own request.
The order requires Immigration and Customs Enforcement and other named defendants to immediately implement the improvements outlined by the judge.
The Department of Homeland Security declined to comment on the ruling. In court last week, DHS attorney Pushkal Mishra argued that the federal government should not be held liable for the actions of its contractor, GEO Group, which operates Adelanto along with 18 other immigration detention facilities nationwide.
In a motion to dismiss the case, DHS argued it should not be forced to “take over day-to-day management of a federal contract that is in the hands of a private contractor.”
GEO Group did not immediately respond to a request for comment.
Accessibility for detainees with disabilities has been an ongoing concern since the start of the Trump administration’s second term. According to the complaint, one detainee described being shackled at the wrists and ankles for a court appearance despite relying on a cane. Others said detainees with mobility issues were routinely assigned to top bunks. The new order requires the government to provide reasonable accommodations for people with disabilities.
The court has given the federal government 14 days to develop a plan addressing detainees’ medical and disability-related needs. The order requires that all detainees be screened upon arrival for physical and mental health conditions, receive ongoing treatment and medication, and be isolated and treated appropriately to prevent the spread of contagious illness. It also mandates access to primary, secondary and tertiary medical care, and requires that detainees be informed of their rights as patients.
Sykes ordered the government to appoint two independent monitors for the duration of the litigation to ensure compliance with the court’s directives. Detainees must also be given the ability to file complaints with those monitors in English or Spanish, with those complaints kept in a locked box accessible only to the monitors.
A report released earlier this year by the California Attorney General’s Office found that six people have died in state detention facilities since the start of the Trump administration’s mass deportation campaign. Nationally, 22 people have died in immigration detention this year.
This week, the Mexican federal government called on U.S. state attorneys general to pursue criminal investigations into cases in which Mexican citizens have died in ICE custody.
Original source: CalMatters
