ACLU of Louisiana’s Justice Lab: Immigration Project Marks 17 Freed Clients, Creating New Legal Pathways for Release from ICE Detention Despite Recent, Devastating Fifth Circuit Ruling

FOR IMMEDIATE RELEASE

Media contact: Jesse Vad, [email protected]

NEW ORLEANS - The ACLU of Louisiana announced today that, along with various partners, it has secured the release of 17 clients from immigration detention in Louisiana since the second Trump presidency. Those clients, many of whose cases present novel legal fact patterns for federal courts in Louisiana, include:

• Pregnant women;
• Teenagers;
• Transgender individuals;
• Student protestors;
• Adopted children of United States Citizen parents;
• Iranians unlawfully targeted as a result of United States military action in Iran;
• Adults who have lived in the United States for decades under orders of supervision or because they are in regular immigration proceedings;
• Adults released on parole and then unlawfully redetained; and
• Adults with withholding of removal protection who were unlawfully held behind bars with no prospect for removal in sight.

Client names and case details are being withheld because exposure could impact clients’ongoing removal proceedings and potentially result in their being targeted for unlawful redetention.

The myriad affirmative habeas rulings obtained by the ACLU of Louisiana and its partners affirm that this Administration and ICE are illegally violating the due process rights of noncitizens. These decisions also show that a recently published Fifth Circuit Court of Appeals’ decision has not eroded constitutional protections for immigrants who were granted a liberty interest by the United States government when they either entered the country or made themselves known to the United States after doing so. In February, the Fifth Circuit looked at laws passed by Congress in 1996 and concluded that noncitizens in regular immigration proceedings are subject to mandatory detention regardless of their circumstances and the length of time they’ve lived in the United States.

Diallo v. Trump, brought by the ACLU of Louisiana, the Robert & Ethel Kennedy Human Rights Center, New York Lawyers for the Public Interest, Hecker Fink LLP and AfroIndigo Group confirms that the Fifth Circuit’s decision did not shut the door to immigrants challenging their detention on constitutional grounds.

“We’re heartened by recent legal decisions coming out of Louisiana, as they show there is still legal recourse for noncitizens illegally detained here,” said Nora Ahmed, Legal Director for the ACLU of Louisiana. “Every person freed from unlawful detention is a life, potentially a generation, saved. The releases secured to date galvanize us in the continuing fight for justice and underpin the office hours we host weekly for those attorneys who seek to join our Justice Lab: Immigration project.”

In January, the ACLU of Louisiana launched Justice Lab: Immigration, a new legal program that mobilizes volunteer attorneys to represent immigrants in detention for free primarily through habeas corpus filings. The ACLU of Louisiana, the Robert and Ethel Kennedy Human Rights Center, New York Lawyers for the Public Interest, and their partners continue to work on immigration challenges in an effort to free as many unlawfully detained people as possible.

“These decisions send a clear message that ICE cannot ignore the Constitution,” said Sarah Gillman, Director of Strategic U.S. Litigation at Kennedy Human Rights. “The government cannot grant people their freedom and then arbitrarily strip it away without justification. The releases we’ve secured underscore that due process still matters and that courts will not allow unlawful detention to continue unchecked.”

“We are privileged to partner with the ACLU of Louisiana and others in securing Mr. Diallo’s immediate release and a determination that the government could not revoke his liberty ‘at their whim,’” said Mike Ferrara, Partner at Hecker Fink LLP. “As this Administration continues to violate the Constitution by unlawfully detaining thousands of individuals, we are proud to devote our time and resources toward this fight.”

“Due process and constitutional guarantees are not privileges reserved for the fortunate few; they are enduring protections owed to all—citizens and noncitizens alike, those with access to counsel and those without,” said Alpha Amadou Diallo, Esq., Founder of AfroIndigo Group.“This outcome was not inevitable. It is the result of extraordinary effort, sustained advocacy, and the collective work of many dedicated partners. We are hopeful that this case will serve as a pathway through which many others may regain their liberty.”

"NYLPI is committed to protecting the people of our state, so when a New Yorker is unjustly arrested by ICE and detained half way across the country, we will step up to defend their constitutional rights," said Marinda van Dalen, Director of Litigation at New York Lawyers for the Public Interest. "As long as this administration continues its unlawful assault on our state's immigrant communities, we will fight to ensure that their due process rights are respected.”

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The ACLU of Louisiana leads the charge to protect the civil rights and liberties of Louisianians, especially those most marginalized and historically harmed. True to our founding during the Civil Rights Movement, we are fearless in the face of intimidation and fight tirelessly to protect and empower Louisiana’s Black, Brown, Immigrant, and LGBTQ+ communities. We are part of a nationwide network of affiliates working in courts, legislatures, and communities in all 50 states, Puerto Rico, and Washington, D.C.

New York Lawyers for the Public Interest’s mission is to advance equality and civil rights through the power of community lawyering and partnerships with the private bar. The Health Justice Program works to bring a racial equity and immigrant justice focus to health care advocacy. The Health Justice team combats the devastating human rights crisis wrought by unjust immigration detention through individual advocacy, high-impact reports, civil rights litigation, and other advocacy in pursuit of strategic, systemic solutions. NYLPI’s work supports local leadership and strengthens immigrant communities’ ability to assert their right to live their healthiest lives.

The Robert & Ethel Kennedy Human Rights Center is a nonpartisan, not-for-profit organization that works across the courtroom, the boardroom, and the classroom to build a more just and peaceful world. Inspired by the legacies of Senator Robert and Ethel Kennedy, we work with international and domestic partners to protect fundamental human rights. We pursue strategic litigation to hold governments accountable at home and around the world; foster a social good approach to business; and train the next generation of changemakers through our human rights education programs.

Hecker Fink is a top-tier boutique litigation law firm that combines a cutting-edge trial practice with significant public-interest advocacy. Its team includes highly accomplished attorneys including former federal prosecutors, public defenders, and U.S. Supreme Court clerks who handle complex commercial litigation, investigations, and white-collar defense matters nationwide. Known for strategic, trial-ready representation and collaborative teamwork, the firm has earned repeated national recognition for excellence in high-stakes legal cases.