Facts

Under 8 U.S.C. Section 1226(a), the U.S. Attorney General has the discretion to either detain arrested noncitizens or release them on bond for "at least $1,500" pending a decision on whether to deport them from the U.S. An Immigration and Customs Enforcement officer makes an initial custody determination as to whether the noncitizen should be released based on factors not related to their ability to pay the bond. Many immigrants remained incarcerated for months or years because they could not afford bond. As of October 2, 2015, there were at least 119 individuals detained in Los Angeles from whom bond had been determined and who had not posted bond, which ranged from $1,500 to $100,000. Cesar Matias, a Honduran national, was arrested by ICE in 2012. His bail was set at $3,000 but he had no means to pay and remained in jail for four years. Xochitl Hernandez, a native of Mexico, was a mother and grandmother who was detained by ICE but had no way to pay her $60,000 bond. She remains detained, even though she had lived in the U.S. for 25 years prior to her arrest. On April 6, 2016, Hernandez and Matias on behalf of themselves and all class members brought a putative class action complaint against various government officials in their official capacities, alleging constitutional and statutory violations related to the implementation and enforcement of Section 1226(a). They sought declaratory, injunctive, and habeas corpus relief. The class included all individuals who are or will be detained pursuant to 8 U.S.C. Section 1226(a) on a bond set by an Immigration and Customs Enforcement officer or an immigration judge in the Central District of California.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants failed to consider class members' ability to pay bonds and alternative conditions of release in violation of the class members' constitutional rights under the Due Process Clause and Equal Protection Clause of the Fifth Amendment, the Excessive Bail Clause of the Eight Amendment, and statutory rights. Plaintiffs claimed that these unconstitutional policies incarcerate people solely because of their lack of financial means

DEFENDANTS' CONTENTIONS: Defendants denied all liability with respect to the lawsuit, denied that they engaged in any wrongdoing, denied the allegations in the complaint, and denied they acted improperly in any way or violated the law.

Result

The case settled. For all future alien detainments contingent on release on bond, the court will consider the alien's financial circumstances and ability to pay a bond, not set the bond at a greater amount than necessary to ensure the alien's appearance, and consider alternative release conditions. Detainees at a minimum will be asked to explain their financial ability to pay a bond and their status will be based on their testimony alone. No bond will be set if the ICE officer is satisfied that release or alternative conditions are sufficient to ensure the alien's appearance. Additionally, aliens may appeal an ICE bond determination based on their financial ability to pay a bond. Defendants are required to produce records of compliance with these policies for three years following the settlement. Finally, there were $1.6 million in attorneys fees and $148,975.72 in costs imposed against defendants.