Together with the Southern Poverty Law Center, the ACLU of Louisiana is preparing for a fairness hearing regarding the settlement agreement in its Heredia Mons class action lawsuit against the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE). Originally scheduled for January 2025, the hearing was continued after the ACLU of Louisiana received reports from people in detention that they were being categorically denied parole in violation of the 2009 Parole Directive. The hearing will now take place telephonically on March 12 in the U.S. District Court for the District of Columbia.
The settlement agreement resulted from years-long litigation concerning the government’s past categorical denial of parole to hundreds of people languishing in immigration detention who lawfully and credibly sought asylum.
The suit was originally filed in 2019 in the U.S. District Court for the District of Columbia on behalf of 12 named plaintiffs who, like hundreds of other migrants, sought asylum at official U.S. points of entry in compliance with federal law. They were then confined and sent to remote prisons in Louisiana and Alabama in a state of limbo, neither granted parole or put through deportation proceedings — trapped instead in immigration jails for undetermined periods of time.
Asulym seekers turned to the DHS seeking parole, which is bound by rules that favor release on parole for people who credibly explain a fear of torture or persecution in their home country. Yet, in violation of the 2009 Parole Directive, ICE categorically denied parole to these individuals, providing no reason or rationale.
All parties to the lawsuit negotiated a settlement agreement providing, in pertinent part, that the government will follow the requirements of the 2009 Parole Directive, and will ensure that staff members are trained and aware of their responsibilities under that directive. But, after a federal judge ordered preliminary approval of this settlement agreement, the ACLU of Louisiana, during its monthly Know Your Rights visits, received reports from people detained in Louisiana that guidelines in the settlement agreement were not being followed – including the requirement for individualized consideration of parole requests.
Individuals reported that they were being categorically denied parole based on their country of origin. The ACLU of Louisiana accordingly reached out to the government for an explanation, which although it denied the allegations also declined to affirmatively state that categorical denials of parole were not taking place. In the absence of any assurances as to the alleged parole violations, the ACLU of Louisiana filed a motion to continue the fairness hearing, which the Court granted in late January.
“Categorically detaining people seeking asylum — whom the government has already found credible — is not in the public interest, as the government’s own policies make clear,” said Nora Ahmed, legal director of the ACLU of Louisiana. “It is the responsibility of the federal government to follow the settlement agreement. No person or group of people who credibly show a fear of persecution or torture in their home country, should categorically be denied parole. Successful pursuit of one’s asylum claim most often occurs when people are free and able to access both evidence and attorneys.”
“This settlement agreement is three years in the making. We expect the U.S. government to comply with existing laws, and hope that the court appreciates the urgency of ensuring the U.S. government remains faithful to its legal obligations,” said Luz Lopez, senior supervising attorney, Southern Poverty Law Center. “The SPLC stands ready with the ACLU of Louisiana and will continue to fight for justice for those seeking fair and equal treatment under the law.”
