In a series of quiet but significant moves, Immigration and Customs Enforcement (ICE) officials have transferred dozens of detainees from the Otay Mesa Detention Center in San Diego to out-of-state facilities. This abrupt relocation has severed many detainees from their attorneys, potentially delaying their asylum cases and straining their connections with families.
Among those transferred is Jamal Forbes, a 21-year-old from Belize, who now finds himself in Texas. Forbes had a strong support system in Los Angeles, with family visiting him regularly while he was detained in San Diego. The transfers have left him isolated, adding to the stress of his detention. Forbes expressed his frustration, noting the mental toll of being detained without committing any crime.
The unexpected transfers have complicated the legal battles for many detainees. Lawyers like Linette Tobin, who represents several clients affected by the move, are struggling to adapt. Tobin is particularly concerned about a client moved to Colorado, whose case is now in limbo. Similarly, attorney Kirsten Zittlau is worried about the impact on her client, Forbes, as his case is still scheduled in California. The logistical challenges and additional expenses of traveling to different states to meet clients are becoming prohibitive for many attorneys.
ICE defends its actions, citing a 2012 policy memorandum that outlines the conditions for transferring detainees. However, this policy generally prohibits transferring individuals with legal representation unless necessary for health, safety, or overcrowding reasons. Despite this, ICE has not consistently notified attorneys of the transfers, leaving many in the dark about their clients’ whereabouts.
Michael Garcia, who leads a free immigration legal defense program in San Diego, reports that at least 51 clients with attorneys have been moved since April. Private attorneys have also been affected, with clients being relocated to states like Texas, Colorado, Louisiana, Arizona, and Georgia—areas notorious for their high asylum denial rates and limited access to local legal resources.
Attorney Ed Perez, who contracts with San Diego County, has seen 19 of his clients transferred without notice. This lack of communication from ICE has disrupted the attorney-client relationship and impeded legal proceedings. Perez recalls one client’s hearing, which was postponed due
to time constraints, only for the client to be moved to Louisiana, making it nearly impossible to continue the case effectively.
The challenge of maintaining contact with clients in different states, each with its own communication protocols, adds another layer of difficulty for attorneys. Tobin recounts her struggle to inform ICE that a client in Colorado is ready to be deported due to the unbearable detention conditions, yet she can’t reach anyone at ICE to expedite the process.
The situation is dire for detainees like a Colombian woman who was a victim of human trafficking, now facing her asylum trial alone in Colorado. Zittlau, with clients in Texas and facing similar hurdles, worries about the financial and emotional strain on her clients. For individuals like Abdirizak Elmi, a Kenyan asylum seeker also transferred to Texas, the uncertainty of their legal status and the isolation from their support systems are causing immense stress and anxiety.
Despite the challenges, many detainees hold onto hope. Elmi remains optimistic about his chances, demonstrating resilience in the face of an uncertain future. The ongoing relocations by ICE underscore the complex and often harsh realities faced by migrants seeking asylum in the United States.