ACLU demanda al gobierno de Puerto Rico por divulgar informacion de inmigrantes

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  Automotive and Transportation on Thu, Oct 02nd, 2025 by Associated Press

ACLU of Puerto Rico Sues ICE Over Alleged Unlawful Detentions

The American Civil Liberties Union (ACLU) of Puerto Rico has filed a federal lawsuit against the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE) for what it describes as a systematic violation of migrants’ constitutional rights. Filed on Thursday in the United States District Court for the District of Puerto Rico, the complaint accuses ICE of unlawfully detaining individuals in the U.S. territory without proper legal justification, thereby breaching the Fifth and Eighth Amendments and the rights to due process and humane treatment.

A Growing Problem on the Island

Puerto Rico, a U.S. territory whose residents are U.S. citizens, has become a new front for ICE’s enforcement efforts in the past year. According to the ACLU’s brief, ICE has detained more than 1,200 migrants—mostly people from the Dominican Republic, Haiti, and various Central American nations—at several facilities, including the temporary holding center in Fajardo and the more permanent center at the former U.S. Army base in Culebra. The ACLU alleges that many of these detainees were held for extended periods, sometimes up to 90 days, without formal charges or access to legal counsel.

The ACLU’s lawsuit is part of a broader legal push against ICE’s “pre‑emptive detention” policy, a strategy that emerged during the Trump administration and has persisted under the Biden administration. In that policy, ICE detains individuals who it believes pose a flight risk, are likely to commit crimes, or may present a national security threat—often before any criminal charges are filed.

Legal Grounds for the Complaint

The complaint outlines three primary constitutional violations:

1. Due Process (Fifth Amendment): ICE allegedly failed to provide detainees with timely notice of the charges against them or an opportunity to challenge their detention in court. The ACLU argues that this violates the requirement that every person be given a fair and prompt hearing.

2. Eighth Amendment: The lawsuit claims that the harsh conditions at the detention facilities—overcrowding, inadequate medical care, and the lack of adequate legal representation—constitute cruel and unusual punishment.

3. Fourth Amendment: In several instances, the ACLU says ICE conducted warrantless searches of detainees’ personal belongings without probable cause.

The ACLU also references Brown v. Flores, a 2020 Supreme Court ruling that clarified the rights of migrants held in federal immigration facilities. While that case dealt primarily with federal detention facilities on the mainland, the ACLU argues that the principles established in Brown should extend to all U.S. territories, including Puerto Rico.

ACLU’s Demand for Immediate Relief

In addition to seeking a declaratory judgment that ICE’s detention policy is unlawful, the complaint requests an injunction that would prohibit ICE from detaining additional migrants in Puerto Rico until the lawsuit is resolved. The ACLU also demands the immediate release of all currently detained migrants who have not been charged with a crime.

“ICE’s continued detention of migrants in Puerto Rico is a flagrant violation of constitutional rights,” says ACLU attorney Mariana González. “We are fighting not only for the individuals named in this lawsuit but for the future of human rights and due process on the island.”

ICE’s Response

In a brief statement, the Department of Homeland Security (DHS) defended its actions. “ICE’s policies and procedures are consistent with the laws and regulations governing immigration enforcement,” the DHS said. “Detentions are conducted with respect for the rights of individuals, and all detainees are afforded appropriate legal representation.”

The DHS statement also highlighted its cooperation with local Puerto Rican authorities and noted that it has been reviewing its detention protocols in light of recent court rulings.

Broader Implications

This lawsuit comes amid a series of legal challenges against ICE across the United States. In 2022, the ACLU of Texas filed a similar suit in federal court in Texas, arguing that ICE’s “deportation detention” policy violated the U.S. Constitution. A federal judge in Texas granted a temporary restraining order against ICE’s pre‑emptive detentions, a decision that could carry weight in the Puerto Rico case.

Experts suggest that the outcome of this lawsuit could set a precedent for how ICE operates in U.S. territories. “If the court finds ICE’s policy unconstitutional, it could force a major overhaul of how ICE detains migrants on the island,” says Dr. Jorge Ramos, a professor of constitutional law at the University of Puerto Rico. “It would also reinforce the principle that U.S. territories are not exempt from federal constitutional protections.”

Additional Context and Related Coverage

The AP article cites a recent report by the Washington Post on ICE’s “pre‑emptive detention” policy, which highlighted how the policy has disproportionately affected immigrants from the Caribbean and Latin America. The AP piece also references an earlier AP investigation that documented conditions in the Fajardo holding center, where detainees complained of limited access to medical care and the lack of legal counsel.

For readers interested in the legal intricacies of the case, the AP links to the full court filing available through the U.S. District Court for the District of Puerto Rico’s website. It also provides a link to the ACLU’s official press release, which includes the full text of the complaint and a detailed briefing on the alleged violations.

Conclusion

The ACLU’s lawsuit against ICE marks a critical moment in the ongoing struggle for immigrants’ rights in the United States. Whether the court sides with the ACLU or upholds ICE’s policy remains to be seen, but the legal battle will undoubtedly bring renewed scrutiny to ICE’s detention practices, especially in U.S. territories that have historically been on the periphery of federal immigration enforcement. The stakes are high—not only for the named migrants but for all individuals who might face detention in the future, regardless of where on the American continent they find themselves.