Class Action Suit Challenges Trump's Unconstitutional Attack on Due Process

Several New England affiliates of the American Civil Liberties Union have filed a new class-action lawsuit that challenges the immigration detention policies of US President Donald Trump.

The American Civil Liberties Union (ACLU) of Massachusetts announced on Tuesday that it is joining with the ACLU of New Hampshire, the ACLU of Maine, ACLU’s Immigrants’ Rights Project, the law firm Araujo and Fisher, the law firm Foley Hoag, and the Harvard Immigration and Refugee Clinic to sue the Trump administration over its policy of denying bond hearings to people detained by Immigration and Customs Enforcement (ICE).

The ACLU of Massachusetts described the denial of bond hearings for ICE detainees as "a violation of statutory and constitutional rights" that are "upending decades of settled law and established practice in immigration proceedings." The end result of this, the ACLU of Massachusetts warned, is that "thousands of people in Massachusetts will be denied due process."

The complaint contends that the US Department of Justice (DOJ) has been denying ICE detainees their rights by "systematically reclassifying these people from the statutory authority of 8 U.S.C. § 1226, which usually allows for the opportunity to request bond during removal proceedings, to the no-bond detention provisions of 8 U.S.C. § 1225, which does not apply to people arrested in the interior of the United States and placed in removal proceedings."

The ACLU of Massachusetts said that the administration's misclassification of detainees stems from actions taken by the Tacoma Immigration Court in Washington, which in 2022 started "misclassifying § 1226 detainees arrested inside the United States as mandatory detainees under § 1225, solely because they initially entered the country without permission."

The lawsuit has been filed on behalf of Jose Arnulfo Guerrero Orellana, an immigrant who resides in Massachusetts and has no criminal record, but who was detained by ICE last week and has been denied the right to challenge his detention. The complaint asks that due process be restored for Orellana and others who have been similarly detained and held unlawfully.

Daniel McFadden, managing attorney at the ACLU of Massachusetts, argued that the administration's actions violate fundamental constitutional rights.

“All people in the United States are entitled to due process—without exception,” he said. “When the government arrests any person inside the United States, it must be required to prove to a judge that there is an actual reason for the person’s detention. Our client and others like him have a constitutional and statutory right to receive a bond hearing for exactly that purpose."

Annelise Araujo, founding principal and owner at Boston-based law firm Araujo and Fisher, argued that the administration's detention policy "violates due process and upends nearly 30 years of established practice."

"The people impacted by this policy are neighbors, friends, and family members, living peacefully in the United States and making important contributions to our communities," she said. "Currently, the only recourse is to file individual habeas petitions for each detained client—a process that keeps people detained longer and stretches the resources of our courts."