ICE returned the immigrant they shoved in a Texas prison - to a windowless 8x10 room with no bed in
As ordered, twice, by a federal judge, ICE last week brought Mirian Ximena Abarca Tixe back from the Texas gulag it had stuck her in - and locked her up in an 8x10 room in the basement of its Burlington office building, with a toilet, but no windows, bed or sink, where it says it will now keep her until it kicks her out of the country one of these days, despite its own admission the building is not suitable for long-term detention.
In a filing today, Abarca Tixe's lawyer, Elizabeth Shaw of Boston, says that's both cruel and unconstitutional and asked US District Court Judge George O'Toole to order her immediate freedom as she fights to stay in the country with her husband - also subject to possible deportation - and their young child.
No legitimate government interest - public safety, administrative order, or flight prevention - supports confining a compliant, non-dangerous mother in an office basement with no access to her attorney or basic sanitary needs. Her detention is unconstitutional because it lacks any rational relationship to a lawful purpose.
O'Toole, whose orders ICE only complied with the second time, holds a hearing on the case at 2 p.m. tomorrow.
In its own filings, ICE says it was only doing what the judge told it to - bring her back to Massachusetts - even after stating it had no place to hold women here, that Burlington "does not contain many of the accommodations needed to house and care for individuals for any extended period of detention and does not contain medical facilities or dedicated attorney client meeting space" and requesting that it be allowed to shove her into a New Jersey lockup instead, a request O'Toole denied.
ICE said it has no intention of releasing her or letting the Ecuadorian native apply for the equivalent of bail because "she is subject to a final order of removal from the United States which ICE intends to effectuate."
Shaw, however, said they only reason ICE grabbed her client at what was supposed to be a routine check-in at Burlington on Aug. 26 was to pressure her husband to buy airplane tickets so the family could self-deport out of the country rather than letting them continue to pursue humanitarian visas.
And she noted that O'Toole's order requiring her return to Massachusetts specified she be placed in "a proper facility," which her current small windowless basement room is anything but. ICE's admission that Burlington is "not designed for long-term detention" means she:
[I]s not being held in a proper detention facility as ordered, but in an administrative office that is incapable of lawful civil confinement. This admission demonstrates both non-compliance with the Court’s order and the arbitrary nature of custody, showing that Petitioner’s detention serves a punitive, rather than administrative, purpose.
Moreover, ICE has provided no determination under [deportation law] that Ms. Abarca Tixe is a flight risk or danger to the community - the statutory prerequisite for post-90-day detention. She was initially released on her own recognizance, not enrolled in any [Alternatives to Detention] program, and has never violated a condition of release. Her continued confinement, therefore, violates her due-process rights.
She added:
[C]ivil detention is constitutionally permissible only when it serves a legitimate, non-punitive, regulatory purpose. When detention becomes excessive, coercive, or arbitrary, or when confinement conditions are inconsistent with human dignity, it violates both substantive and procedural due process.
Ms. Abarca Tixe's detention is clearly inconsistent with human dignity. Here, ICE detained Ms. Abarca Tixe not to ensure removal or appearance, but to coerce her family into purchasing departure tickets - a plainly punitive purpose.















