Two men being held on immigration charges have filed a federal lawsuit claiming that they -- and more than 1,000 people like them across Pennsylvania -- are being detained indefinitely with no chance to make bond.
Filed on their behalf by the ACLU, the lawsuit names as plaintiffs Alexander Alli, who moved to the United States from Ghana in 1990, and Elliot Grenade, who came to the U.S. from Trinidad and Tobago in 1981 as a lawful permanent resident.
The suit, filed in federal court in the Middle District of Pennsylvania, seeks class-action status to represent all similarly situated people in Pennsylvania.
Yesterday, both sides met for oral argument before U.S. District Judge John E. Jones III.
The issues argued included a challenge by the federal government as to whether such claims can be filed on behalf of a class, as well as whether the men should be granted individual detention hearings.
According to court filings, Mr. Alli, who became a lawful permanent resident in 1996 and is married to an American citizen, was convicted in federal court in New York for obtaining 1,900 credit reports with individuals' private financial information resulting in a monetary loss of $70,000.
He was sentenced to 24 months in prison and completed his sentence in August 2008. However, while still incarcerated, Immigration and Customs Enforcement took custody of Mr. Alli and moved him to the York County Prison, pending his possible removal from the United States.
In the lawsuit, Mr. Alli contends that he has improperly been held for nearly a year with no hearing to determine if he could be released on bond pending the outcome of his case.
Mr. Grenade was convicted of selling cocaine in New York in 1995 and was ordered to a drug treatment program. He failed to complete the treatment and was resentenced in 2006 to two to four years in prison. He was released from his term in September 2007, but while he was still incarcerated, the Department of Homeland Security initiated removal proceedings.
He claims that he has been held for more than 18 months with no detention hearing.
"Petitioners do not seek an order granting their release, but merely a hearing where the government bears the burden of demonstrating that their prolonged detention is justified," the lawsuit said.
But the government says that neither man is being improperly -- or indefinitely -- detained.
Instead, they are being held pending the outcome of their immigration proceedings.
For Mr. Grenade, his removal order was finalized in October 2007. He has been detained since then, the government said, because ICE determined that he was a threat to the community and a flight risk.
Further, the United States argues that Mr. Alli is responsible for many months worth of delays because he requested several continuances in his case.
Detention in cases like these, the government said, is necessary to ensure the defendant does not abscond.
Judge Jones will issue a decision at a later date.
