Why It Matters
The federal lawsuit challenges the operational boundaries of Immigration and Customs Enforcement facilities in Florida, alleging that a standard field office is being used for long-term civil detention. The case raises significant questions about constitutional due process rights for individuals held by federal immigration authorities.
What Happened
A federal class action lawsuit was filed Friday in Miami against the Department of Homeland Security, Immigration and Customs Enforcement, and top agency executives. Attorneys from the Southern Poverty Law Center and Americans for Immigrant Justice submitted a 42-page complaint alleging that the Miramar field office functions as a de facto civil detention center.
The suit names Orlando Rosales Salmeron and a detainee identified only as John Doe as plaintiffs. The complaint alleges that agencies are holding individuals illegally for days, denying necessary medical care, coercing document signings, and restricting access to legal counsel. According to the filing, up to 150 people have been detained in the facility, which has a maximum occupancy of 56.
The complaint details specific conditions faced by Salmeron, stating he lacks a bed, cot, mattress, or adequate bedding and sleeps on the floor in a crowded space. It further alleges he receives inadequate food and water and lacks access to showers, clean clothing, and hygiene supplies. The suit claims agencies restricted Salmeron’s confidential communication with his immigration attorney, preventing him from making calls, meeting in person, or reviewing legal documents.
The allegations stem from observations by U.S. Rep. Debbie Wasserman Schultz during an unannounced visit on July 2, as well as accounts from families and advocates. They also rely on a whistleblower report released on Sept. 21, which prompted the U.S. House Committee on Oversight and Government Reform to launch an investigation.
By the Numbers
42 — Pages in the legal complaint filed by attorneys.
150 — Maximum number of people allegedly detained in the Miramar facility.
56 — Maximum occupancy of the Miramar field office.
July 2 — Date of Rep. Debbie Wasserman Schultz’s unannounced visit to the facility.
Sept. 21 — Date the whistleblower report was released to the public.
16 hours a day — Duration elderly people with health issues were allegedly shackled.
seven months pregnant — Status of woman detained without medical care.
three weeks — Duration pregnant woman was detained without medical care.
17 days — Duration person with hypertension was detained.
more than 14 days — Duration person in their 60s with HIV/AIDS was detained.
Whistleblower Accounts
The whistleblower report detailed severe conditions, including prolonged shackling of elderly individuals with health issues for 16 hours a day. The report cited specific cases of inadequate medical care, including an untreated pregnant woman, a person with hypertension, and a person with HIV/AIDS. These accounts form a central part of the evidence presented in the class action lawsuit.
Zoom Out
The legal challenge asks a judge to declare the facility an ICE sub-office or field office that must be emptied at the end of daily operations. Attorneys also seek an injunction preventing the government from using threats, coercion, abuse, deprivation, or misrepresentation to obtain signatures from detainees.
SPLC legal director A.J. Hernandez Anderson stated in a prepared statement, “We’re asking the court to force ICE to stop using Miramar as the detention facility it was never built to be.” The lawsuit argues that ICE is ignoring Fifth Amendment protections by detaining people in degrading conditions.
What’s Next
The case will now proceed through federal court proceedings in Miami. Sui Chung, executive director of AI Justice, emphasized the constitutional stakes, stating, “The application of due process does not depend on convenience. Due process is an obligation the U.S. Constitution has with every single human being.” The outcome could set precedents for how ICE manages detention capacity and detainee rights across its network.