A federal judge in New York has sharply criticized Immigration and Customs Enforcement for deceptive practices and brutal confinement of a detainee. In a detailed ruling, Judge Gary R. Brown ordered the release of Erron Anthony Clarke, citing violations that shock the conscience. The decision highlights growing judicial frustration with federal agents' conduct in immigration cases.
Federal District Judge Gary R. Brown, appointed by Donald Trump, issued a 24-page ruling on Thursday condemning the treatment of immigrants by Immigration and Customs Enforcement (ICE). The case centers on Erron Anthony Clarke, a noncitizen who legally entered the United States and has no criminal record. ICE arrested Clarke, accusing him of overstaying his visa, but agents allegedly acted without proper charging documents or probable cause, later altering paperwork to conceal this.
Clarke was held in a small cell at the Central Islip federal courthouse designed for one person, but crammed with eight others. Detainees lacked bunks, bedding, soap, showers, toothbrushes, or clean clothes. The space was freezing, lights blazed around the clock, and they slept on the floor near an open toilet emitting a strong urine odor. When Clarke challenged his detention on due process grounds, Brown initially ordered his release. ICE responded by transferring him to a Newark facility and defying the order by holding him overnight.
Demanding details on the confinement, Brown deemed ICE's submissions 'preposterous,' filled with 'rank hearsay,' 'evasive and demonstrably false' statements, and 'material misstatements.' He accused agents of lying under oath, possibly to downplay the duration of harsh conditions or evade court orders. ICE refused to provide a photo of the cell, citing privacy concerns for detainees. Brown warned that such holding cells are being misused to subject people to prolonged, torture-like conditions.
Drawing on his 35 years as a prosecutor and judge, Brown stated: 'I have never encountered anything like this. ICE’s seeming disregard of procedural requisites, combined with the chillingly brutal conditions of confinement... cries out for immediate remedy.' He granted bail under 'extraordinary circumstances' and ordered ICE counsel to justify why contempt proceedings should not follow for defying orders and submitting false declarations, potentially involving both agents and Department of Justice attorneys.
This ruling reflects broader judicial anger at federal deceptions in immigration enforcement, echoing concerns in other courts about accountability for violations of constitutional rights.
