State Supreme Court denied expedited writ petition to pause immigrant detainee transfers to Ice

The state Supreme court denied an expedited writ petition Wednesday asking for a moratorium on immigrant detainee transfers to Immigration and Customs Enforcement detention centers.

Saying, "Such claims may be brought in the superior courts of appropriate counties," the state high court for the third time denied an expedited writ petition against Gov. Gavin Newsom's emergency actions.

In a dissenting statement, Justice Goodwin Liu said counsel for the governor acknowledged the allegations in the petition are "serious and alarming," and have even "raised the same concerns themselves."

"We are in a state of emergency," Liu wrote. "We can and should, without delay, give all sides a full hearing and provide a reasoned opinion answering the questions presented."

Filed by Jennifer Lee Pasquarella of the ACLU of Southern California, the petition accuses the Immigration and Customs Enforcement agency of failing to protect the lives of detainees in its custody. It also claims California is not legally required to make these transfers, and it is "aware of the unconscionable conditions" in the five ICE detention centers in the state. California Attorneys for Criminal Justice v. Newsom, S261829 (Cal., led Apr. 24, 2020)/.

However, like a recent petition also filed by the ACLU requesting immediate release of prisoners throughout California, the court said such claims should be brought to superior courts in appropriate counties, a ruling Liu also disagreed with.

"I do not see why it makes sense to refer these claims to 'the superior courts of appropriate counties' when the main factual issues concerning the five ICE detention facilities in California would be the same no matter where the claims are filed," Liu wrote.

-- Blaise Scemama