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Ninth Circuit rejects Trump admin efforts to stay order to immediately improve Adelanto conditions
The Ninth Circuit court has unanimously rejected a request from federal officials to stop a preliminary injunction ordering the government to immediately improve conditions at the privately-run Adelanto ICE Processing Center about 90 minutes from downtown L.A.
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Patrick T. Fallon
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AFP via Getty Images
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A panel of three judges for the 9th Circuit Court of Appeals has unanimously rejected the federal government’s request to delay improving conditions at the Adelanto Immigration Detention Center, a privately run facility in San Bernardino County.
How we got here
On July 16, a U.S. District Court judge issued a preliminary injunction ordering Immigration and Customs Enforcement officials to immediately improve medical care, disability accommodations and daily conditions, including access to drinkable water, for people held at the facility, which is run by one of the largest private prison companies in the U.S.
The government, under that order, had to submit a plan to address the deficiencies alleged by plaintiffs in the lawsuit. When federal officials filed that plan, they signaled that they planned to appeal and argued that conditions at Adelanto already meet the standards for immigration detention.
Lawyers for the plaintiffs — people held at the detention facility — strongly disagreed and have submitted reports describing routine violations of the July 16 order.
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The federal government said the facility already meets many standards and asked the court to hold off on enforcing a July order. Advocates for detainees disagree. -
Federal officials say they're already meeting orders to immediately improve medical care, water and food. Attorneys for those detained say poor conditions remain the norm. -
ICE detention centers are placing more people in solitary confinement. Some detainees say they’ve been put in isolation for asking for essentials.
What the 9th Circuit said
In their decision, the three 9th Circuit Court of Appeals judges noted that the lower court found that people held at Adelanto are “subject to punitive conditions, including a lack of consistent access to potable water and adequate medical care.”
The judges, who were appointed by presidents Donald Trump, Barack Obama and Bill Clinton, considered the government’s argument that it is the GEO Group, the for-profit detention operator paid to run the facility, that ultimately has control over the conditions. In denying the request to stay, the judges found that the government is “ultimately responsible for ensuring that the conditions of confinement are constitutionally acceptable.”
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And the judges suggested remedies available to the government, including withholding payment or imposing other financial penalties on the contractor if it fails to meet its obligations. They also said ICE could release or move plaintiffs to avoid constitutional violations.
The appeals court rejected several other arguments from government lawyers, including the government’s claim that enforcing the order will harm its enforcement efforts, and that conditions at Adelanto already meet standards.
“The government also does not meaningfully dispute that the types of conditions the district court found to exist are unconstitutional,” the decision states.
What’s happens next
The government is continuing to appeal the preliminary injunction. Arguments in the full appeal are due to the appeals court on Sept. 17.
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