Court’s Nationwide Covid Rules for Immigration Facilities Tossed

Oct. 21, 2021, 1:34 PM

A nationwide injunction governing U.S. Immigration and Customs Enforcement’s response to Covid-19 in its detention facilities was vacated by the Ninth Circuit.

The detainees who brought the suit aren’t likely to win on the merits of their claim ICE was deliberately indifferent to the pandemic, because the agency has myriad rules in place to combat Covid-19, the opinion by Judge Daniel A. Bress said.

The five plaintiffs, who were housed in the three different ICE detention facilities, “made allegations that far transcended their individual circumstances,” the U.S. Court of Appeals for the Ninth Circuit said. They also failed to produce ...

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