Immigration prisons don’t get us out of a problem. They are the problem.
César Cuauhtémoc García Hernández
Mission
The Immigration Detention Accountability Project (IDAP) works at the intersection of immigrant and disability justice. Through impact litigation, direct representation, and education, we fight for people in contact with our country’s ableist immigration system.
Our project believes that immigration detention must be abolished. To that end, we strategize towards accountability, decarceration, and full human rights for survivors of ICE, CBP, and immigration courts, primarily working with those who are disabled.
As an abolitionist legal organization, we are confronted every day by the law itself. ‘The Law’ is not neutral, and it is not just: it is a collection of historical and present-day choices that make up a white supremacist, imperialist, heterosexist, and ableist system. We learn from and are led by impacted communities and organizers, without whom true justice is not possible.
How IDAP Helps
We represent organizational and individual plaintiffs in systemic change litigation addressing failures in ICE detention, DHS policy and practice, and the immigration legal system broadly.
We engage in individual representation for detained and non-detained immigrants to advocate for better medical and mental health care, as well as disability accommodations (including release). We assist other attorneys, community organizers, and other allies, educating on the intersections of disability and immigration law.
If you or someone you know is experiencing discrimination at an immigration detention facility, or if you’re an attorney or advocate with a client experiencing discrimination, we can help!
IDAP Staff
Golnaz Fakhimi, Senior Staff Attorney
Golnaz Fakhimi joined IDAP in 2022. She has worked with and for structurally marginalized immigrant clients and communities across a wide spectrum of contexts and strategies. Her experience and expertise encompass deportation defense, habeas corpus actions, civil rights actions, and technical assistance to movement leaders and partners. From 2019 to 2021, Golnaz co-taught the Immigrant and Non-Citizen Rights clinic at the CUNY School of Law. Previously, she held positions as an Immigrants’ Rights Attorney at the ACLU of Pennsylvania, a Staff Attorney at Appellate Advocates, an Immigration Staff Attorney with The Bronx Defenders, and a Staff Attorney with the International Justice Network. Representing clients at the trial and appellate levels across a variety of administrative and judicial fora, training the next generation of advocates, and educating the public through trainings and media advocacy, Golnaz roots her practice in immigrant- and community-led movements for change.
Selected Casework
E.A.R.R. v. DHS
Disability Law United and our partners at the Texas Civil Rights Project and Orrick, Herrington & Suttcliffe LLP filed a class action lawsuit on behalf of asylum seekers with disabilities and their families challenging the Migrant Protection Protocol (MPP) policy that has forced them to await their immigration proceedings in Mexico, instead of being processed into the United States.
Amicus Brief to U.S. Court of Appeals for the Second Circuit
In April 2021, Disability Law United and partners filed a brief of amici curiae (“friends of the court”) in support of an individual with mental health disabilities who was not provided the necessary accommodations to fully participate in his immigration proceedings.
Fraihat v. ICE
In August 2019, Disability Law United and co-counsel filed a class-action lawsuit against Immigrations Customs Enforcement (ICE) and the Department of Homeland Security to fight discrimination against immigrants with disabilities. Case: Fraihat v. ICE.
Teneng v. Trump
In August 2018, Disability Law United, along with The American Civil Liberties Union, and Prison Law Office, filed a class-action lawsuit against President Trump and Immigration and Customs Enforcement for violating the constitutional rights of immigrants detained at FCI Victorville, a federal prison in Victorville, California. Click here to read the full Victorville case page. Read the full case.
Outdoor access at Etowah County Detention Center
In March 2018, Disability Law United, along with the Southern Poverty Law Center, sent a letter to the Etowah County Commission and Etowah County Sheriff, urging officials to include outdoor recreation for immigration detainees in renovation plans for the Etowah County Detention Center (ECDC).
Disability Law United v. DHS
In February 2018, Disability Law United filed a FOIA lawsuit seeking the disclosure of documentation of detainee deaths, alleged abuse, and other substandard conditions of confinement at the Adelanto and Etowah immigration detention facilities. Disability Law United was represented pro bono by Thomas B. Kelley and Amber R. Gonzales of Ballard Spahr LLP. Disability Law United prevailed as Plaintiffs in 2021. Click here to read the full FOIA case page.
Selected Presentations and Articles
Ableism and its Impact on Immigration, Detention, and Other Border Issues
February 2022 – Elizabeth Jordan presented on a panel as part of the Getting Radical in the South (GRITS) Conference.
Public Comment to DHS Office of Civil Rights and Civil Liberties (CRCL)
On August 20, 2021, Disability Law United submitted a public comment to DHS highlighting how the process of submitting medical and disability complaints to CRCL is not accessible to detained people. Read more about these issues, and our recommendations, here.
Recommendations to the Biden-Harris Administration on Immigrants with Disabilities
January 2021 – IDAP issued a series of policy recommendations to the incoming Biden-Harris administration. Read the recommendations here.
Locked Up in Lockdown: new challenges for those incarcerated and detained during the pandemic
October 8, 2020 – IDAP presented as part of a virtual conversation with state and national experts presented by Rutgers Center on Criminal Justice, Youth Rights, and Race, Rutgers Immigrant Rights Clinic, and Rutgers Criminal and Youth Justice Clinic.
Migrating as an LGBTQ Person: The Journey From Remain in Mexico to Asylum Proceedings
January 2020- IDAP presented on a panel, “Migrating as an LGBTQ Person: The Journey From Remain in Mexico to Asylum Proceedings,” at the Denver University Civil Rights Summit
Civil Rights Groups Charge that ICE Disregards Immigrants’ Medical, Mental Health Needs and Ignores Discrimination Against Immigrants with Disabilities
October 2019 – “Civil Rights Groups Charge that ICE Disregards Immigrants’ Medical, Mental Health Needs and Ignores Discrimination Against Immigrants with Disabilities,” published in Civil Rights Insider, Fall 2019 edition, pg 4.
New Frontiers in Detention Litigation
October 17, 2019 – IDAP presented about Disability Law United’s work on Fraihat v ICE and disability rights work for incarcerated immigrants in the session titled, “New Frontiers in Detention Litigation” at the National Immigration Project’s annual membership meeting in Durham, NC.
Current Disability Rights for Immigrants: Legislative and Regulatory Landscape
September 25-26, 2019 – IDAP participated in two panels: “Current Disability Rights for Immigrants: Legislative and Regulatory Landscape” and “Spotlight: Mental Health and Immigration” at the Chicagoland Immigration and Disability Summit 2019 in Chicago, IL.
Spotlight: Mental Health and Immigration
September 25-26, 2019 – IDAP participated in two panels: “Current Disability Rights for Immigrants: Legislative and Regulatory Landscape” and “Spotlight: Mental Health and Immigration” at the Chicagoland Immigration and Disability Summit 2019 in Chicago, IL.
Fraihat v. ICE Press Conference
August 19, 2019 – We spoke at the Fraihat v. ICE Press Conference in August, demanding accountability from ICE for the treatment of detainees.
Colorado Challenges Immigration Detention
October 2018 – Disability Law United spoke to law students at Sturm College of Law at the University of Denver at the “Colorado Challenges Immigration Detention” part of the DU Crimmigration Law & Policy Event Series.
Detention Watch Network’s 12th National Member Conference
May 2018 – Disability Law United participated in the Detention Watch Network’s 12th National Member Conference.
IDAP Resources
Rights of Detained Immigrants with Disabilities Fact Sheet. To get in contact with the IDAP team, please contact: idap@creeclaw.org