SAN DIEGO, CA—Three unlawfully detained immigrants in San Diego County filed a class-action lawsuit today against the federal government for its illegal practice of re-detaining and indefinitely jailing individuals who it previously released, have since committed no crimes, and have dutifully shown up to their immigration check-ins. All were ripped away from family and loved ones, including U.S. citizen children and adults, with no notice. This practice deprives them of their due process rights and disappears them from their established communities.

The federal suit, filed in the U.S. District Court for the Southern District of California, is challenging U.S. Immigration and Customs Enforcement’s (“ICE”) practice of deliberately targeting and re-detaining people with ongoing immigration court proceedings, who the government had previously cleared for release, as contrary to the Due Process Clause of the U.S. Constitution’s Fifth Amendment, the Immigration and Nationality Act, and the Administrative Procedure Act.

The lawsuit seeks the immediate release of the named petitioners and the restoration of the rights guaranteed by the Constitution and other federal laws that protect against unjustified or indefinite imprisonment. Ignoring these protections breaks the law and breaks families apart and destabilizes communities. 

"We will not stand by as the administration continues to lay arrest traps for immigrants doing exactly what the government has asked of them, upending the lives they have built in the months, years, and decades they have lived in the United States,” said Monika Langarica, Senior Staff Attorney at the Center for Immigration Law and Politics (CILP) at the UCLA School of Law. “This tactic shatters families, flagrantly violates the Constitution, and undermines the rule of law by punishing people appearing for court and appointments with ICE. We demand the immediate release of our clients and an end to this cruel practice, full stop.”

Among those suing the government is Chancely Fanfan, a Haitian minister who is seeking asylum based on the gang violence he endured as a result of his Christian faith.

“I traveled through Haiti, Nicaragua, Honduras, Guatemala, and finally Mexico. We waited for one year in Mexico so that we could get a CBP One appointment. It was crucial to me to wait for an appointment so that we could do things the right way,” Mr. Fanfan said.

The government previously processed and released Mr. Fanfan, recognizing that he was neither dangerous nor a flight risk. He pursued his asylum claim in immigration court without incident. But, after showing up to his hearing and follow-up check-in on October 20, 2025, as he was instructed to do, Mr. Fanfan was ripped apart from his wife and U.S. citizen infant son. He was held overnight in a cold, dirty, cramped basement at the federal building and then transferred to the Otay Mesa Detention Center, an inhumane immigration prison in San Diego. Mr. Fanfan has no criminal record and, since coming to the U.S., has devoted himself to his family, continued his ministry at a Baptist church in San Diego, and volunteered with an organization that supports victims of human trafficking.

Mr. Fanfan’s detention is part of an illegal enforcement campaign ICE has waged in San Diego and Imperial counties since early 2025. As a result, immigration arrests have skyrocketed 400% compared to 2024.

“Entrapping and imprisoning people who are complying with their immigration requirements isn’t just cowardly, it's unconstitutional,” said Bardis Vakili, Legal Director at the Center for Human Rights and Constitutional Law. “Due process requires that, before taking away our freedom, the government must prove at a hearing that detention is justified. It’s a tragedy this lawsuit is necessary to protect our community from ICE and its contempt for basic constitutional principles.”

During the summer, ICE ambushed people leaving immigration court hearings at 880 Front Street, seeking to dismiss cases and push individuals into immediate deportation or indefinite imprisonment, most of whom had no criminal record. When lawsuits temporarily blocked this harmful practice, ICE shifted the trap to another floor of the same building. By October, the agency escalated further by sending individuals, through letters that demand they appear for “check-ins” or “interviews” immediately after court hearings, or on unrelated dates, that served as ruses to enable their illegal arrest and imprisonment. These traps, arrests, and incarcerations brazenly violate the fundamental due process right to a hearing before government incarceration, replacing justice and fairness with secrecy, coercion, and a shocking disregard for humane treatment and family unity. This practice isn’t simply an overreach; it’s a direct attack on the constitutional promise of fairness before the government takes away their liberty.

The plaintiffs are represented in this lawsuit by the Center for Immigration Law and Policy (CILP) at the UCLA School of Law and the Center for Human Rights and Constitutional Law (CHRCL).

Read the complaint HERE and an FAQ 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.