Constitutional rights violated by the lack of care and protection measures for people detained in...

1. safeguards pretrial detainees

2. ICE's defense is that immigrants are safer in detention centers than in their homes.

3. ICE’s systematic failure to uphold the Fifth Amendment in its

3.1. mental health care

3.2. disability accommodations

3.3. medical care

4. in times of crisis the government has shown a lack of empathy and compassion for people

5. however, not everything is bad, the fifth amendment grants emergency relief to those awaiting trial.

6. about releasing accused criminals without a highly individualized assessment of their flight risk and dangerousness.

7. If the Fifth Amendment proves ineffective, they will have to rely heavily on the Sixth Amendment

7.1. Sixth Amendment’s right is “the Assistance of Counsel” in criminal cases.

7.2. It is through defense counsel that The prisoners can seek bail, temporary release, transfer, compassionate release, or other relief.

7.3. Lawyers' lives are at risk

8. judges say they will seek protection of constitutional rights

8.1. but the court's decisions are still very uncertain.

9. in prison and immigration detention facilities medical care is limited and basic protection

9.1. social distancing, wearing masks, frequent hand-washing

9.2. requiring improved testing, hygiene, and isolation protocols

10. While awaiting trial or facing possible deportation, people are at risk of getting sick

11. releasing as many people as possible who do not pose a risk

12. Immigration and Customs Enforcement (ICE) and the Justice Department are inefficient

13. violating the constitutional rights of people

13.1. rights must be respected even for those who have lost their freedom

13.2. American officials must adhere to the Constitution

14. due-process of the Fifth Amendment:

14.1. protects immigrants in ICE custody.

15. judge recently certified ICE’s systematic failure to uphold the Fifth Amendment