A federal judge has ordered U.S. Immigration and Customs Enforcement (ICE) to temporarily end round-the-clock surveillance of a man hospitalized with a broken leg he suffered during his arrest, citing the agency’s failure to justify the need for continued custody.
Newsweek has contacted ICE and the Department of Homeland Security (DHS), via email, for comment.
Why It Matters
The case highlights ongoing legal scrutiny of ICE’s treatment of detainees, particularly those requiring urgent medical care.
It underscores the balance courts are weighing between immigration enforcement and the constitutional rights of individuals in custody.
What To Know
The man, who suffered a broken leg while being arrested in California on August 27, had been detained for more than 37 days, with guards continuously monitoring him, U.S. District Judge Cynthia Valenzuela said in her ruling on Saturday.
“To date, ICE has not placed petitioner in removal proceedings, charged him with violating immigration law, set bond, issued a Notice to Appear or otherwise processed him,” Valenzuela said.
She told ICE to “remove the guards or other security personnel in or near petitioner’s hospital room at Harbor-UCLA Medical Center.”
The order took effect immediately and lasts until October 18, unless extended. A hearing is set for October 16.
The man, registered by ICE with the pseudonym “Har Maine UNK Thirteen,” was arrested by Customs and Border Protection (CBP) officers at the Carson Car Wash in Carson, California, on August 27, during which he suffered “severe leg injuries.”
He was handcuffed and transported to the emergency room at Harbor-UCLA Medical Center in Carson where he was admitted under a “blackout” procedure—where a patient’s identity is intentionally concealed—and registered under the pseudonym.
CBP transferred the man into the custody of ICE that same day, who kept him detained at the hospital, with the help of contracted guards.
“Since that date, two to four uniformed guards … have been continuously stationed in petitioner’s hospital room, monitoring him at all times, including while he sleeps, eats, uses the restroom, or receives medical care,” Valenzuela said.
ICE repeatedly restricted the man’s access to counsel, she wrote, adding that he “has also been subjected to questioning by government officials about his place of birth, his family’s immigration status, and other personal matters, sometimes while he was in pain or under the influence of medication.”
The man’s legal team said that on September 17, agents told them that their client would “not be formally processed until he is transported to ICE’s processing center in downtown Los Angeles.”
ICE has not responded to the legal team’s request for “documentation of a judicial warrant for his arrest, any charging documents, or other authority supporting his detention,” Valenzuela said.
She noted that ICE has told the court it plans to “take further action” once the man is released from medical care and “it can conduct the examination” it wants to.
Valenzuela went on to say that ICE has not explained how a broken leg “has prevented them from making a Section 287.3 determination”—that is, deciding whether to charge, release, or continue holding the man.
What People Are Saying
ICE told the court: “ICE intends to take further action consistent with the laws prescribed under the Immigration and Nationality Act (“INA”) once petitioner is released from medical care.”
Judge Cynthia Valenzuela said it is “likely” that the man’s “due process rights are being violated.”
She said later in her order: “The court finds that petitioner has carried his burden of demonstrating irreparable harm. He is presently detained under restrictions that limit his access to counsel, medical providers, and family. He has been questioned by government officials while in pain and under the influence of medication. He cannot place phone calls and remains handcuffed to a hospital bed despite a broken leg that prevents him from walking. He has received no more than a vague explanation for his detention, and respondents’ proffered excuses for delaying a formal notice are unsupported by facts.”
What Happens Next
The court’s temporary restraining order took effect immediately and requires ICE to release the man and remove all guards and restraints, but it does not compel his discharge from the hospital or an in-person appearance before immigration officials until he is medically cleared.
The order remains in force until 5 p.m. Pacific time on October 18, unless extended. Judge Valenzuela scheduled a hearing for October 16, directing ICE to explain why the restraining order should not become a longer-term preliminary injunction. ICE must file its response by October 8, and the man’s attorneys have until October 14 to reply.
