Access to Counsel Victory in Oregon: Innovation Law Lab v. Nielsen

Innovation Law Lab v. Nielsen, June 25, 2018, Case No. 3:18-cv-01098-SI, D. Or. - "IT IS ORDERED that Plaintiffs’ Motion for Temporary Restraining Order is GRANTED, and until this Court orders otherwise and except as otherwise expressly permitted by this Temporary Restraining Order, for the next 28 days, or until such time as the parties agree in writing to amend, supersede, or terminate this TRO:

1. For all immigrant detainees currently housed at FDC Sheridan or who may become housed at FDC Sheridan during the pendency of this Order, Defendants shall not proceed with any asylum interview or hearing, including any “credible fear” interview or screening, for such detainee, nor shall Defendants deport or remove any that detainee, until after that detainee has had a full and fair opportunity meaningfully to: (1) attend a “know your rights” training session conducted by Law Lab; and (2) if the detainee has requested representation from a Law Lab attorney or other legal counsel, consult with that attorney.
2. For all immigrant detainees currently housed at FDC Sheridan or who may become housed at FDC Sheridan during the pendency of this Order, Defendants shall not transfer any such detainee outside of the District of Oregon without: (1) the consent of counsel for that detainee; or (2) prior leave of the Court.
3. Defendants shall provide Law Lab’s designated pro bono attorneys, or a detainee’s otherwise designated counsel of choice, with access to at least two of FDC Sheridan’s attorney visitation rooms for a minimum of six hours per day, seven days a week (i.e., including weekends), to perform group “know your rights” training as well as individualized interviews and consultations for the immigrant detainees at FDC Sheridan. In addition, Defendants shall make all reasonable efforts to ensure that the provided attorney visitation rooms are equipped with outside-line telephones that have speakerphone capability, to facilitate the attorney’s consultation with a detainee who does not speak English by calling a telephone-accessible interpreter or interpretation service. Attorney calls may not be monitored, after Defendants are satisfied that the telephone call involves an attorney.
4. Defendants shall install at least four telephone lines in each unit where immigrant detainees are held, with each line capable of placing free direct calls to legal service providers, including to Law Lab. Defendants shall permit all immigrant detainees housed at FDC Sheridan to access these telephones during facility “awake hours,” or between 8:00 a.m. and 8:00 p.m., whichever is longer, each day of the week, including weekends. Attorney calls may not be monitored, after Defendants are satisfied that the telephone call involves an attorney.
5. For all immigrant detainees currently housed at FDC Sheridan or who may become housed at FDC Sheridan during the pendency of this Order, Defendants shall provide timely advance written notice to the Office of the Federal Public Defender for the District of Oregon of any scheduled “credible fear” interview or screening or any other asylum interview at FDC Sheridan. In addition, after Defendants have been informed that a particular attorney or Law Lab represents a specific detainee, Defendants shall provide timely advance written notice to that attorney or Law Lab, as appropriate, of any scheduled “credible fear” interview or screening or any other asylum interview at FDC Sheridan for that detainee.
6. Defendants shall allow attorneys to use laptops in accordance with BOP security guidelines while performing legal services on behalf of any immigrant detainee at FDC Sheridan.
7. Defendants shall appropriately allocate ICE and BOP resources, including but not limited to personnel and equipment, sufficient to accommodate the expanded attorney visiting time and other requirements of this Order.
8. The Court will hold a status conference on Monday, July 2, 2018, at 10:00 a.m. in Courtroom 15B of the Mark O. Hatfield United States Courthouse in Portland, Oregon. Any party seeking to modify any provision in this Order is requested to file a motion to amend not later than Sunday, July 1, 2018, at 12 noon. Among other things, at the status conference, the Court intends to set a hearing date for Plaintiffs’ motion for preliminary injunction, as well as any other periodic status conference(s) that a party may propose."

And here's a zinger on page 12:

"On June 24, 2018, President Donald J. Trump announced, with regard to undocumented immigrants, that “[w]hen somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came.” The position of the United States Government appears to be that aliens are not entitled to due process in immigration proceedings. There is, therefore, reason to believe that Plaintiffs’ claims alleging due process violations are unlikely to be given a full and fair hearing before immigration judges who fall under the authority of the executive branch."

[Hats way off to Keith Ketterling and Nadia H. Dahab of Stoll Stoll Berne Lokting & Shlachter PC and Mathew W. dos Santos and Kelly K. Simon of the ACLU!]