SAN DIEGO, CA—Three people who were abruptly detained in San Diego by immigration agents at check-in appointments despite previously being ordered released are free after a federal court intervened.

U.S. District Court Judge Dana Sabraw issued a temporary restraining order last week, after the Center for Immigration Law and Policy (CILP) at the UCLA School of Law, and the Center for Human Rights and Constitutional Law filed a class-action lawsuit challenging the re-detention of immigrants who were previously released because they pose no danger to the community or flight risk.

The judge also barred Immigration and Customs Enforcement (ICE) from re-detaining the three named plaintiffs in the suit, without first providing a hearing, at which the government must prove re-detention is warranted by a change in circumstances related to danger or flight risk.

“We celebrate the release of our clients and their return to their families in time for the holidays, but the court’s order affirms they never should have been ripped away to begin with,” said Talia Inlender, Deputy Director of the Center for Immigration Law and Policy at the UCLA School of Law. “This administration’s cruel practice of laying re-detention traps for people who show up at scheduled ICE check-ins is not only wrong—it is unconstitutional. We will continue to fight for the many others who are subject to this unlawful practice.”

The lawsuit, filed in November, is the latest challenge to ICE’s practice of using immigration court hearings or appointments as a pretext for trapping people who are following the requirements to legally remain in the U.S.

“We are so happy for our clients that they are now reunited with their families, but ICE should have never ripped them away in the first place,” said Bardis Vakili, Legal Director for the Center for Human Rights and Constitutional Law. “Courts have overwhelmingly rejected ICE’s campaign to jail people who are following the rules, but ICE presses its unlawful agenda anyway with no respect for the rule of law. We look forward to securing similar protections for all class members, so that immigrants living in California’s border region who are pursuing a lawful immigration process can do so without fear of being imprisoned for no reason.”

The lawsuit challenges ICE’s latest tactics as a violation of the Due Process Clause of the Fifth Amendment of the U.S. Constitution that protects any individual from the deprivation of liberty absent a hearing or fair process, as well as a violation of the Immigration and Nationality Act (INA) and Administrative Procedure Act (APA). The lawsuit will continue to seek relief on behalf of a class of people who, like the three immigrants here, have or will be subject to re-detention at ICE check-ins in the Southern District of California.

Read the ruling in Fanfan v. Noem HERE.

About UCLA CILP:

Founded in 2020, the Center for Immigration Law and Policy (CILP) at the UCLA School of Law expands the law school's role as a national leader in immigration law and policy, generating innovative ideas at the intersection of immigration scholarship and practice and serving as a hub for transforming those ideas into meaningful changes in immigration policy. 

Follow CILP on Instagram (@UCLA_CILP), Bluesky (@uclacilp.bsky.social) or sign up for additional news at bit.ly/CILPsubscribe.

The Center for Human Rights and Constitutional Law (CHRCL) is a legal non-profit committed to protecting and advancing the rights of immigrants through legal action, advocacy, and education. Through impact litigation, we challenge unlawful immigration policies to drive systemic change and establish stronger legal protections for immigrants. At the local, state, and federal levels, we advocate for fair and humane policies that uphold the rights of all immigrants. Follow CHRCL on Instagram (@chrclla), Bluesky, and Facebook.