The American Civil Liberties Union filed a lawsuit against the Biden administration Wednesday in the first legal challenge of the administrationâs policy on illegal immigration.
ACLUâs federal class-action lawsuit filed in New Jersey âseeks to immediately block the long-distance transferâ of Immigration and Customs Enforcement detainees from a New Jersey jail, according to an ACLU news release.
The ACLU â which in recent years has shifted its focus from defending constitutional rights to promoting leftist causes â is trying to prevent detainees from being transferred away from their families and attorneys in New Jersey as the state appears to be in the process of passing a bill that would prohibit federal immigration detainees from being housed in local and state correctional facilities, The Hill reported.
The Essex County jail ended its contract with ICE to house detainees and declared that detainees still in its custody would be moved, NorthJersey.com reported Wednesday.
âTransferring hundreds of people far away from their families and attorneys violates the rights and dignity of New Jerseyans, and weâre calling on the courts to stop this policy of gratuitous cruelty,â ACLU-NJ Executive Director Amol Sinha said in a statement.
âWe have a duty to allow people to await their immigration proceedings in communities rather than in detention, to avoid disrupting lives and depriving people of their constitutional rights,â Sinha said.
The ACLU argued that transferring the detainees could lead to their ongoing immigration cases being heard in âjurisdictions with less favorable case law.â
Some ICE detainees from the Essex County jail already have been transferred to Georgia and Nevada, according to The Hill.
âTrue to form, we will sue any administration â Democrat or Republican â and hold them accountable when they take positions that violate civil liberties and civil rights,â ACLU Executive Director Anthony Romero said in a statement.
âThis may be one of the first lawsuits filed against the Biden administration by advocacy groups, but Iâm guessing it wonât be the last,â Romero said
Referring to President Joe Biden and his predecessor, Donald Trump, Romero noted the lawsuit was in response to âa decision made by the Biden administration â itâs not a Trump hold-over.â
âWe sued the Trump administration over 400 times, and the Biden administration is trying to resolve many of those suits,â he said.
The ACLUâs complaint reads, âTransferring Plaintiff and the members of the class to distant locations that are inaccessible to counsel violates federal constitutional and statutory law.â
âThe Due Process Clause of the U.S. Constitution does not permit the government to effectively sever the attorney-client relationship by transferring individuals hundreds or thousands of miles away from their attorneys while their cases remain pending,â it says.
The ACLU called for Biden to be bolder in his policies and âbring humanity and fairness to our immigration systemâ in April.
âIn the first 100 days of his administration, President Biden has often hit the right notes and his administration has begun to unwind some of the most noxious aspects of Trumpâs legacy,â the ACLU reported.
âBut on far too many issues, the Biden administration has continued or only temporarily paused Trump policies â at the risk of perpetuating a new, Trumpian normal, with devastating human costs.â
This article appeared originally on The Western Journal.
