University of Michigan Law School
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Case Name Basank v. Decker IM-NY-0076
Docket / Court 1:20-cv-02518-AT ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration and/or the Border
Special Collection COVID-19 (novel coronavirus)
Case Summary
COVID-19 Summary: In this case, on March 26, 2020, Judge Analisa Torres ordered ICE to release ten particularly vulnerable noncitizen detainees from ICE detention in New York, in light of the grave threat posed by congregate detention during the COVID-19 pandemic. The respondents filed an ... read more >
COVID-19 Summary: In this case, on March 26, 2020, Judge Analisa Torres ordered ICE to release ten particularly vulnerable noncitizen detainees from ICE detention in New York, in light of the grave threat posed by congregate detention during the COVID-19 pandemic. The respondents filed an interlocutory appeal on June 19, which is still pending before the Second Circuit.


On March 24, 2020, ten individuals detained by ICE in county jails in New York filed a petition for a writ of habeas corpus and a motion for a temporary restraining order (TRO) in the U.S. District Court for the Southern District of New York. The petitioners, who each have underlying health conditions and illnesses, sued the Director of the New York Field Office of ICE and the Acting Secretary of the U.S. Department of Homeland Security. The petitioners, represented by the Brooklyn Defender Service, sought a TRO releasing them from detention and restraining respondents from arresting petitioners for civil immigration detention purposes during the pendency of their immigration proceedings. The petitioners claimed that their incarceration in ICE detention without adequate protection for their health during the COVID-19 pandemic violated their Fifth Amendment due process rights. Specifically, the petitioners allege that the conditions of the detention facilities pose serious and potentially fatal risks to their health. The jails in which petitioners are incarcerated each report confirmed cases of COVID-19.

Previous to the suit, Brooklyn Defender Services emailed the U.S. Attorney’s Office and requested that ICE release particularly vulnerable individuals from detention, but ICE ignored their requests for release. The Office responded that they could not provide a timeframe for a response. On March 25, the attorney emailed the U.S. Attorney again and informed him of petitioners’ intent to seek a TRO. On March 26, petitioners filed an amended petition and the court held a hearing. Later that day, Judge Analisa Torres granted the TRO, finding that ICE continued to be deliberately indifferent to the basic needs of people in immigration detention. Judge Torres explained that "Confining vulnerable individuals such as Petitioners without enforcement of appropriate social distancing and without specific measures to protect their delicate health ‘poses an unreasonable risk of serious damage to their future health,’ and demonstrates deliberate indifference." The court ordered the respondents and the Hudson, Bergen, and Essex County Correctional Facilities to immediately release petitioners on their own recognizance and restrained respondents from arresting them for civil immigration detention purposes while they await immigration proceedings.

The TRO expired on April 9, 2020, but on April 1, Judge Torres had ordered the parties to show cause why the TRO should not be converted into a preliminary injunction. On April 8, the court ordered that the TRO would remain in effect until April 23.

On April 23, the court granted the petitioners' request for a preliminary injunction. The injunction included: (1) petitioners would remain released, subject to conditions to be set by the court, and (2) respondents would be restrained from arresting petitioners for civil immigration detention purposes unless they first obtained the court's permission. Further, Judge Torres ordered that the parties meet and confer, and propose reasonable conditions of release for each petitioner by April 24. The injunction will remain in effect until the court orders otherwise.

Then, on April 27, the court issued orders pertaining to release conditions for the petitioners. The respondents filed an interlocutory appeal on June 19, which is still pending before the Second Circuit.

Lily Sawyer-Kaplan - 09/21/2020
Chandler Hart-McGonigle - 11/17/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Substantive Due Process
Content of Injunction
Preliminary relief granted
COVID-19
Mitigation Granted
Mitigation Requested
Release Granted
Release granted-group
Release granted-individual
Release Requested
Release-process created/modified
Defendant-type
Law-enforcement
General
Conditions of confinement
Habeas Corpus
Sanitation / living conditions
Immigration/Border
Detention - conditions
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Acting Secretary of the U.S. Department of Homeland Security.
Director of the New York Field Office of ICE
Plaintiff Description The petitioners have underlying health conditions and illnesses and are detained in ICE custody.
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Order Duration 2020 - n/a
Filed 03/24/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
S.D.N.Y.
10/05/2020
1:20-cv-02518
IM-NY-0076-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D.N.Y.
03/26/2020
Memorandum and Order [ECF# 11]
IM-NY-0076-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
04/08/2020
Order [ECF# 28]
IM-NY-0076-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
04/23/2020
Opinion and Order [ECF# 32] (2020 WL 1953847)
IM-NY-0076-0003.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
04/27/2020
Order [ECF# 38]
IM-NY-0076-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
04/27/2020
Order [ECF# 39]
IM-NY-0076-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
04/27/2020
Order [ECF# 40]
IM-NY-0076-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
04/27/2020
Order [ECF# 41]
IM-NY-0076-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D.N.Y.
04/27/2020
Order [ECF# 42]
IM-NY-0076-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Torres, Analisa Nadine (S.D.N.Y.) show/hide docs
IM-NY-0076-0001 | IM-NY-0076-0002 | IM-NY-0076-0003 | IM-NY-0076-0004 | IM-NY-0076-0005 | IM-NY-0076-0006 | IM-NY-0076-0007 | IM-NY-0076-0008 | IM-NY-0076-9000
Plaintiff's Lawyers Harper, Mary Sameera Van Houten (New York) show/hide docs
IM-NY-0076-9000
Lampert, Alexandra Lynn (New York) show/hide docs
IM-NY-0076-9000
McCrea, Hannah (New York) show/hide docs
IM-NY-0076-9000
Menschel, Brooke (New York) show/hide docs
IM-NY-0076-9000
Defendant's Lawyers Byars, Michael James (New York) show/hide docs
IM-NY-0076-9000
Issacharoff, Lucas Estlund (New York) show/hide docs
IM-NY-0076-9000

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