The American Civil Liberties Union (ACLU) filed suit on Monday, accusing Louisiana’s new immigration detention center, “Louisiana Lockup,” and the Trump administration of indefinitely locking up immigrant detainees in the facility and punishing immigrants for the same crime twice, in violation of the Double Jeopardy Clause.
The Louisiana facility opened on September 3, using the blueprint forged by Florida’s Alligator Alcatraz. After Republican Gov. Jeff Landry declared a state of emergency in July to expedite repairs to a section of the Louisiana State Penitentiary in Angola, Louisiana—a maximum-security prison notorious for violent and inhumane conditions—the state partnered with the Department of Homeland Security to add 416 immigrant detainee beds.
“This facility is designed to hold the worst of the worst criminal illegal aliens,” and is meant “to consolidate the most violent offenders into a single deportation and holding facility,” Landry said during a press conference on opening day. “Angola is the largest maximum-security prison in the country,” he continued, “with 18,000 acres bordered by the Mississippi River, swamps filled with alligators, and forests filled with bears.”
“If you don’t think that they belong somewhere like this,” Landry said, referring to the incoming immigrant detainees, “you got a problem.”
But in the case of Oscar Amaya, a 34-year-old man who is currently detained at “Louisiana Lockup,” there may very well be a problem. The lawsuit, filed in the United States District Court for the Middle District of Louisiana, argues that Amaya’s continued detention violates the Double Jeopardy Clause and is designed to punish him—again—for a prior conviction.
Although immigration detention is a civil penalty, double jeopardy applies if the civil sanctions are applied punitively. As the complaint, reviewed by Reason, points out, the punitive nature of imprisonment in a place like Angola is no secret. Rather, both Landry and Trump administration officials seem to relish in the facility’s violent past. “This is not just a typical [Immigration and Customs Enforcement] ICE detention facility that you will see elsewhere in the country,” Homeland Security Secretary Kristi Noem proclaimed during the facility’s opening. “This is a facility that’s notorious.…Angola Prison is legendary.”
Amaya fled Honduran gang life in 2005 and worked in the United States “without incident” until 2016, according to the complaint. That year, he was arrested and later “convicted of attempted aggravated assault, possession of a weapon (knife) for unlawful purpose, and unlawful possession of a weapon (knife).” Amaya was sentenced to four and a half years in prison, but was released after two years with good time credits.
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