Immigration Law

Class Action Challenges Chicago ICE Pre-Hearing Detention: Chavez Aguilar v. ICE

Chavez Aguilar v. ICE, Case: 1:17-cv-02296, N.D. Il., E.D., Mar. 27, 2017 - "This complaint presents a challenge to the policy and practice of U.S. Immigration and Customs Enforcement’s Chicago Field Office (hereinafter “ICE” or “ICE Chicago”) of detaining individuals prior to initiating removal proceedings against them (“pre-removal proceedings detention”) without a prompt judicial determination of probable cause, an opportunity to be heard before or concurrent with the initiation of detention, or an otherwise prompt hearing before an immigration judge to understand the charges against them and their due process rights. This violates the Fourth and Fifth Amendments to the United States Constitution, as well as federal immigration law."