Judge Calls Chicago ICE Facility 'Disturbing' and 'Unconstitutional'

CHICAGO – A federal judge has described the conditions at an immigration enforcement facility in the suburbs as "disturbing," "disgusting," and "unconstitutional." U.S. District Judge Robert W. Gettleman conducted a review of the U.S. Immigration and Customs Enforcement (ICE) facility in Broadview, Illinois, on November 4. This comes amid President Donald Trump’s immigration enforcement crackdown known as Operation Midway Blitz. The judge is examining the conditions in response to a lawsuit filed by detainees who claimed they were not allowed to contact their attorneys, were pressured into signing deportation papers, and were left in unsanitary conditions.

The facility is central to the operation, where immigration authorities process detainees before moving them out of Illinois. Reports of poor conditions have led to frequent protests.

"It’s a disturbing record," Gettleman said after six hours of testimony. "People sleeping shoulder to shoulder, next to overflowing toilets and human waste, that’s unacceptable."

At other points, Gettleman called witnesses' accounts "obviously disgusting" and "obviously unconstitutional." However, Homeland Security officials have repeatedly denied that conditions at the site are poor. In a statement, the agency said:

"All detainees are provided with 3 meals a day, water, and have access to phones to communicate with their family members and lawyers. No one is denied access to proper medical care. Any claims there are subprime conditions at the Broadview ICE facility are FALSE."

Jana Brady, an attorney for the defendants, acknowledged the site is operating beyond its normal capacity but said "it's a learning curve" and authorities are working to improve conditions. She cited that officials are providing wipes to detainees so they can clean themselves.

Among the witnesses who testified in court were the two detainees named as plaintiffs in the lawsuit: a woman who testified via video after being deported to Honduras; a pair of Latin American immigrants who spent time at the facility; and two attorneys who represented clients inside the facility.

The hearing took place at the Dirksen federal courthouse in downtown Chicago. At the same time, Homeland Security officials reported that over 3,000 people have been arrested in connection with the blitz operation, which began on September 8. The U.S. Supreme Court is currently considering whether to allow Trump to deploy the National Guard to the city.

White House officials argue that troops are necessary to enforce immigration law and claim a potential rebellion is occurring in the Prairie State. Local Democratic leaders, however, say the move to deploy troops is a power grab from the Republican administration.

Lawyers for the detainees requested that Gettleman issue a temporary restraining order compelling immigration authorities to improve conditions at the site. He adjourned the hearing without issuing a ruling and instructed the lawyers to return on November 5.

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"It has really become a prison," Gettleman remarked, noting that the testimony reminded him of past lawsuits over overcrowding at local jails.

The facility at the center of the lawsuit is a two-story building located in an industrial strip of the Village of Broadview. The small suburb of about 8,300 people is located approximately 12 miles west of downtown Chicago.

Immigration authorities have operated out of the building for decades, using it as a processing center where historically detainees were brought and moved on within 12 hours. In June, Homeland Security changed its policy to allow detainees to be held for up to 72 hours. Witnesses testified on November 4 that some detainees were held for as long as 12 days. The building does not have beds, blankets, or pillows, multiple detainees testified.

Google Street View photos appear to show the building was previously open to visitors, with windows allowing passersby to look inside. In recent months, immigration authorities have covered the windows with plywood, and heavily armed men now watch from the rooftop.

"I didn’t want to leave my children behind," a detained mother said.

Claudia Carolina Pereira Guevara, a mother of two young children, testified from Honduras. She said she was at the immigration facility for five days. Her nine-month-old child is a U.S. citizen, she said.

Pereira Guevara stayed at the facility longer than other detainees who testified and began crying when she talked about signing the deportation paperwork that got her out.

"If I didn't sign, I was going to be held there until I did sign it," she said of her thinking at the time.

She understood that by signing the document she would not be allowed to return to the U.S., but Pereira Guevara testified that the immigration officer told her she would not be allowed to return for five years. By signing, she actually agreed not to come back for 10 years.

"I didn't want to come here, I have my children there," she said, crying. "I didn't want to leave my children behind."

Attorney slams ICE for restricting access

Attorneys for the MacArthur Justice Center, the ACLU of Illinois, and the Chicago office of law firm Eimer Stahl are representing the plaintiffs in the case.

In an opening statement, Alexa Van Brunt, director of the MacArthur Justice Center, said the most pressing issue to resolve at the facility is ensuring detainees can talk with their attorneys "so that it’s no longer operating as a black site."

Lawyers for the government said that detainees can contact attorneys over the phone and that they have "no constitutional right" to see an attorney in person. Defendant lawyers said detainees were at the site for too short a period of time to allow for in-person visits.

Van Brunt fired back that the initial hours after being arrested are perhaps the most important for detainees to be able to contact a lawyer. The civil rights attorney noted that the need for an attorney is especially acute if federal officials are providing voluntary deportation work for detainees to sign.

"Defendants cannot trample on this right to counsel at this crucial point when government officials are trying to get them to sign a form that relinquishes their right to counsel," she said, raising her voice in the courtroom. "Access to counsel is more important than ever because once someone signs away their rights, that's it, it’s unreviewable."