Aftermath of continued detention in Georgia... What are the issues in the damages lawsuit?

The aftermath of the Korean detention incident that occurred in the U.S. state of Georgia continues to linger. In particular, the situation appears to have entered a new phase as workers who were detained at the time came forward claiming 'human rights violations'.

First of all, one of the biggest issues currently being raised is ‘arrest and detention without warrant.’ According to some media reports, there was no warrant at the time of arrest, and related documents were reportedly prepared only a few days after the workers were detained. The Fourth Amendment to the U.S. Constitution fundamentally limits warrantless arrest and detention. Even in the case of immigration enforcement, arrest is not permitted based on mere speculation or vague suspicion; it must meet the standard of 'reasonable suspicion' and proceed in accordance with the procedures guaranteed by the Constitution.

The basis for the crackdown by Immigration and Customs Enforcement (ICE) appears to be Article 287 of the Federal Immigration Act (INA §287, 8 U.S.C. §1357). The provision does give immigration authorities the authority to investigate foreigners suspected of being in the country illegally and, in certain cases, to arrest them without a warrant. However, the premise is that there must be a ‘reasonable reason’. If arrests are made en masse without individual reasons in a large-scale crackdown, it will not be free from unconstitutional controversy as it conflicts with the Fourth Amendment of the Constitution (prohibition of unreasonable searches and arrests). Therefore, detained workers will be able to raise questions about the guarantee of these constitutional rights.

Lack of procedural notice can also be pointed out as a problem. Foreigners detained during immigration procedures must receive a 'Notice to Appear' (NTA), which must clearly state the reasons for deportation. If the immigration authorities did not properly notify this, it is worth claiming a procedural defect. In addition, workers can request that evidence obtained during an illegal arrest be excluded from the court by using a legal tool called 'Motion to Suppress Evidence'.

In addition to simple detention procedures, legal issues can be raised if human rights are violated during the detention process. Immigration detention does not provide a public defender as in criminal cases, but the right to contact a lawyer is guaranteed under Article 292 of the Immigration Act. Therefore, if phone calls or interviews are restricted at the time of detention, this may constitute a violation of constitutional due process. In addition, issues such as overcrowding, poor hygiene, and lack of medical services in detention facilities can all be disputed as violations of due process under the 8th Amendment (prohibition of cruel or abnormal punishment) or Article 5 of the Constitution. In particular, if you are not provided with the medication you normally take, there is a high possibility that it will be considered a serious violation of your rights.

In fact, in 2020, when COVID-19 was spreading globally, an incident occurred at the Mesa Bird Immigrant Detention Center in California, USA, where a man in his 70s of Korean nationality committed suicide ahead of deportation proceedings. At the time, the deceased suffered from diabetes, high blood pressure, and heart disease, and applied for bail due to the risk of COVID-19 infection, but the immigration court dismissed the request. Afterwards, the deceased's family filed a lawsuit against ICE and the immigration detention center operator for damages based on medical neglect and deliberate indifference. During the lawsuit, the issues that the man suffered from before his detention and whether he received treatment during his detention became an issue. However, the case did not reach a court ruling and was closed through a settlement.

In this situation, what many people are curious about is the possibility of filing a lawsuit. The answer is 'possible'. In principle, U.S. courts allow lawsuits filed by foreign plaintiffs, and jurisdiction is recognized because the illegal acts occurred within the United States. However, there may be difficulties in securing evidence and proceeding with procedures due to living abroad, and burden of costs.

Types of claims that can be filed include unlawful detention, violation of due process, medical neglect, civil rights violations, and wrongful death. For this purpose, objective evidence is needed, such as documents at the time of detention, medical data, statements by the person and his or her colleagues, and consulate records. Also, in practice, you can appoint a professional lawyer in the United States, secure a statement, and submit a complaint to the competent federal court. Individual lawsuits are also possible, but in reality, class lawsuits may be a more efficient method.

If a class action lawsuit is filed, the likelihood of winning is also high. Just as the bereaved family filed a lawsuit for damages and received financial compensation in the case of the death of a man in his 70s mentioned above, the workers involved in the detention case in Georgia will also be able to receive legal judgment.

Small Business Team

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Aftermath of the continued detention in Georgia... What are the issues in the damages lawsuit? 
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