A federal judge in Arizona allowed a lawsuit against the U.S. Border Patrol to move forward that alleged inhumane conditions at detention centers, also granting the suit class-action status. The plaintiff's legal complaint alleges the treatment violated the U.S. Constitution and policies of the Department of Homeland Security. File photo by Art Foxall/UPI |
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TUCSON, Jan. 14 (UPI) -- A federal judge in Arizona allowed a lawsuit to move forward alleging the U.S. Border Patrol allowed inhumane conditions to persist at detention centers, also granting the suit class-action status.
The lawyers for undocumented Central American immigrants will now be able to interview more migrants and gather more evidence about their treatment in Border Patrol stations. The lawsuit alleges immigrants held at Border Patrol facilities near Tucson were subjected to harsh conditions, particularly in holding cells.
The U.S. government -- identified as the defendants in court documents -- sought to dismiss the case. The plaintiff's legal complaint alleges the treatment violated the U.S. Constitution and policies of the Department of Homeland Security.
"Defendants' regular use of these filthy, cold and often overcrowded holding cells for longer-term detention is dangerous, inhumane and punitive," the complaint filed in June states. "Defendants systematically deny plaintiffs and putative class members' basic hygiene items. Detainees in Tucson sector holding cells have no access to soap, showers, towels, toothpaste or toothbrushes. Cells are dirty and not regularly or properly cleaned and are not equipped with waste receptacles."
U.S. District Judge David C. Bury denied the Obama administration's motion to dismiss the case "with respect to plaintiff's constitutional claims" but granted the dismissal of the plaintiff's allegation the DHS violated its policies.
Bury made no judgement on whether the allegations of mistreatment were true or not -- only stating they deserve to be argued in court. The judge also wrote that anyone detained for one or more nights at the facilities could potentially be a plaintiff in the class-action lawsuit.
"Whether such deprivations are reasonable in light of the limited duration and purpose of [Customs and Border Protection)] detention, as defendants assert, requires weighing the evidence on both sides," Bury wrote.
Order on Motion to Dismiss - Arizona/Border Patrol
