Venezuelan Migrants Sue ICE After Being Confined for Almost a Year, Allege 'Psychological and Physical Harm'

On September 11, 80 immigrant rights groups and legal service providers sent a letter to the U.S. Immigration and Customs Enforcement (ICE). In it, they listed several cases of immigrants who, despite having won their deportation cases, remained in prolonged detention.

The issue came after recent reports from facilities in places like Louisiana and Philadelphia revealed inhumane treatment of immigrants at detention centers, including instances of abuses which "meet the definitions of torture or cruel, inhuman or degrading treatment under international human rights treaties."

On Thursday, four Venezuelans took action by filing a legal challenge against ICE after being confined for periods ranging from nine to 11 and a half months at the Otero County Processing Center in New Mexico, claiming that their extended detention violates their constitutional rights to due process, according to Border Report.

The lawsuit also contends that ICE's prolonged detention without meaningful recourse is unconstitutional and harmful to the physical and mental well-being of the detainees. All four migrants initially passed credible fear interviews at the U.S. border, which allowed them to temporarily stay in the country. However, an immigration judge later ordered their removal.

The detainees, Luis Eduardo Perez Parra, Leonel Jose Rivas Gonzalez and Abrahan Josue Barrios Morales, are represented by three nonprofit organizations—Las Americas Immigrant Advocacy Center, the American Civil Liberties Union (ACLU) of New Mexico, and the Center for Constitutional Rights. The petition asks a federal judge to order U.S. Immigration and Customs Enforcement (ICE) to release the four individuals.

Their deportation has been complicated by strained U.S.-Venezuela relations, particularly after the U.S. imposed measures aimed at Nicolás Maduro's government, which include seizing a $13 million aircraft and targeted sanctions on 16 Venezuelan officials over election obstruction and human rights violations

The detainees have declined offers to be deported to Mexico, citing safety concerns, including knowledge of acquaintances who were harmed or kidnapped there. One of the men was reportedly placed in solitary confinement after refusing to be sent to Mexico.

As Rebecca Sheff, a senior staff attorney for the ACLU of New Mexico, explained:

"Detaining people for prolonged periods without any meaningful recourse, especially after they have every reason to believe they should be released, not only violates their constitutional rights but inflicts severe psychological and physical harm."

As of March 2024, over 4,300 Venezuelan migrants were in ICE custody across various U.S. facilities. The lawsuit names officials from ICE, the Department of Homeland Security, and the Department of Justice, along with the warden of the Otero facility.