Federal judge finds Trump administration violated order for ICE holding rooms in Baltimore

A Baltimore federal judge has ordered the U.S. government to follow additional measures at ICE holding facilities in downtown Baltimore.

In a new ruling issued on Monday, U.S. District Judge Julie Rubin found that the government had not adhered to requirements outlined in her previous order, issued in March. Overall, the judge is asking immigration officials to submit more documentation about ICE holding rooms.

According to the Department of Homeland Security (DHS), hold rooms are utilized at ICE detention centers as a temporary place where detainees are kept "while awaiting further processing." The agency notes that an individual may not be confined within a facility's hold room for more than 12 hours. "Hold Rooms are used for detention of individuals awaiting removal, transfer, EOIR hearings, medical treatment, intra-facility movement, or other processing into or out of a facility."

Her latest order asks the director of the holding rooms to submit the daily headcounts of each of the rooms. It also asks for data showing when detainees get prescription or over-the-counter medications after they're booked, and confirmation detainees are getting timely medical screenings. All of that information must be submitted every two weeks to the court.

In addition, the order asks for a copy of the notice of rights that detainees are required to get once they're in custody in the holding rooms. 

Judge Rubin said she is considering appointing someone to monitor the government's compliance with her March order, allowing lawyers on both sides to file briefs by Oct. 13.

WJZ reached out to ICE about these new measures and is waiting to hear back.

Overcrowding and other claims  

Judge Rubin heard arguments earlier this month about claims of overcrowding, a lack of medical access, as well as concerns over required civil rights disclosures.

In March, Rubin ordered that detainees in the holding rooms have at least 31 square feet of personal space. The rooms must also be cleaned at least once a day, and detainees must receive a medical screening within 12 hours of entering, among other requirements.

The orders resulted from a lawsuit filed two years ago on behalf of two women who contend they were subjected to inhumane conditions while detained in the holding rooms.

ICE operates five holding rooms in the George H. Fallon Building in Baltimore. 

Detainees allege multiple violations of previous order

Lawyers representing the women told the court at the Sept. 17 hearing that they believe Rubin's previous order was violated dozens of times since it was issued.

The lawsuit is being supported by several organizations, including the Amica Center for Immigrant Rights, the National Immigration Project and Crowell & Moring.

Their biggest concern was overcrowding, arguing there were 78 days between March 7 and June 30 where at least one cell was over capacity.

The lawyers relied on an analysis by Graeme Blair, a University of California, Los Angeles, political science professor and co-director of the Deportation Data Project.

Firsthand accounts from detainees also led the lawyers to raise concerns about medical access and required civil rights disclosures.

At that same hearing, lawyers with the Department of Justice argued there were procedures in place to comply with Rubin's order.

Joseph Burki, an ICE official who managed the holding rooms between March and June, testified about those procedures. It included additional training for medical evaluations and ensuring the order's requirements were implemented within 60 days of the order.

Burki also said when a holding room approaches capacity, an email is sent to field crews instructing them not to bring additional people in. But Rubin and the detainees' lawyers questioned the reliability of the holding rooms' procedures, noting that there is no official record showing exactly when someone is in a particular cell.

Also, while whiteboards posted outside of the rooms show how many people are being detained in each room at a given time, those numbers aren't recorded elsewhere.