In a shocking revelation, a lawsuit filed in federal court alleges that U.S. Immigration and Customs Enforcement (ICE) has been illegally withholding over $300 million in bond payments from tens of thousands of low-income immigrant families and U.S. citizens. The lawsuit, which seeks class-action status, sheds light on a longstanding issue that has left many families struggling to reclaim the funds owed to them.

Exposing a Systemic Failure: ICE's Unlawful Practices Uncovered

Unlawful Retention of Immigrant Bond Payments

The lawsuit claims that ICE has been holding onto these bond payments for extended periods, with a staggering $240 million eventually being transferred to the U.S. Treasury's account for unclaimed funds. This practice has left countless families in financial distress, as they are legally entitled to have their money returned once the immigration proceedings have concluded.

According to the lawsuit, the average bail payment is $6,000, and the case filed on behalf of Douglas Cortez of Uniondale, New York, highlights the personal impact of this issue. Cortez posted a $10,000 bond to secure the release of his friend, but despite his friend's proceedings being dismissed in August 2023, Cortez has yet to receive any notice or refund for the cash deposit he made.

The lawsuit alleges that ICE "regularly fails to return these funds, even when all conditions have been met and proceedings have concluded." This systematic failure to uphold its legal obligations has left countless families in a state of financial limbo, unable to access the funds they rightfully deserve.

Uncovering the Staggering Scale of the Problem

The lawsuit's findings suggest that the issue of unlawful bond payment retention by ICE is far more widespread than previously known. Based on information obtained through public records requests and other cases, the lawsuit claims that there are tens of thousands of class members affected by this practice.

Deepak Gupta, an attorney from Gupta Wessler LLP, one of the law firms that filed the lawsuit, stated that they arrived at the figure of $300 million after carefully reviewing government documents obtained through FOIA requests and court records. This staggering amount underscores the scale of the problem and the significant impact it has had on immigrant families and U.S. citizens alike.

The case of Ada Salazar, a 28-year-old from El Salvador who was granted legal status in 2021, further illustrates the personal toll of this issue. Salazar's uncle posted a $5,000 bond in February 2016, but she has yet to receive the money back, despite her immigration proceedings being concluded. Salazar, a mother of a 6-year-old and the owner of a food truck in North Carolina, is now ready to join the lawsuit, determined to reclaim the funds that were promised to her family.

Seeking Justice and Accountability

The lawsuit filed this week aims to hold ICE accountable for its unlawful practices and to ensure that the affected families receive the money they are owed. The legal action seeks class-action status, which would allow the case to represent the tens of thousands of individuals who have been impacted by ICE's actions.

Gupta, the attorney from Gupta Wessler LLP, emphasized the importance of this lawsuit, stating, "They have taken thousands of dollars from hardworking immigrant families who deserve to have their money returned. We want ICE to fix this system, we want the court to declare that ICE is violating its legal obligations under the contract so that this doesn't happen to other families again in the future."

The lawsuit's success could have far-reaching implications, not only for the affected families but also for the broader immigrant community. By holding ICE accountable and demanding the return of the unlawfully retained funds, the lawsuit aims to address a systemic issue that has been plaguing immigrant families for years, restoring a sense of justice and fairness in the immigration system.