In re: Da Graca et al.

Overview

In re: Da Graca et al. (U.S. Court of Appeals, 1st Circuit, March 17, 2021): The 1st Circuit reaffirmed the denial of a bail request submitted by immigrant detainees who feared COVID-19 exposure at their detention center. Petitioners were part of a class that sued U.S. Immigration and Customs Enforcement (ICE) seeking release on bail because of the risk of contracting COVID-19 in their overcrowded detention center. Many of the detainees were released, but the petitioners were denied bail. The court reasoned that (1) the unconstitutional overcrowding was addressed by the release of the other detainees; and (2) granting bail under these circumstances requires individualized determinations focused first on detainees who have not committed violent crimes. Since each of the current petitioners had committed violent crimes and posed dangers to the community, the court reaffirmed the denial of bail. Read the decision here.

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