Brief filed: 07/17/2020
Ortega Campoverde v. Warden, York County Prison et al.
3rd Circuit Court of Appeals; Case No. 20-1787
Decision below 2020 WL 1233577 (M.D. Pa. Mar. 13, 2020)
Mr. Ortega Campoverde is challenging the terms of his immigration detention, which include a bond he cannot afford that was set without considering his ability to pay. He argues that the Equal Protection Clause, the Due Process Clause, and the Immigration and Nationality Act require immigration judges in bond hearings to consider both an immigrant detainee’s ability to pay and alternative conditions of release. The amicus brief reviews evidence from the criminal pretrial system to demonstrate that nonmonetary alternatives to detention successfully address the goals of assuring a defendant’s appearance in court and protecting public safety, without overburdening individual liberty. It also reviews the ways in which detention impairs case outcomes, and long-term outcomes for individuals, unrelated to the merits.
Jayashri Srikantiah and Shanti Tharayil, Immigrants’ Rights Clinic, Mills Legal Clinic, Stanford Law School, Stanford, CA; Lisa Mathewson, Law Offices of Lisa A Mathewson, LLC, Philadelphia, PA.