E.D.N.Y. Grants Summary Judgment for Class of Immigrants Unlawfully Held by Suffolk County

A federal judge ruled on January 2 that the Suffolk County Sherrif’s Office (SCSO) violated New York law and the Fourth Amendment when it extended the detention of immigrants in its custody solely on the basis of detainer requests issued by U.S. Immigration and Customs Enforcement (ICE). The favorable summary judgment decision clears the way for a certified class of 650+ unlawfully detained individuals to pursue damages at trial.

Winston and Latino Justice PRLDEF filed a lawsuit against SCSO in 2017 on behalf of two individuals who, at the request of ICE, were held in custody after resolution of their criminal cases. In July 2024, Winston and Latino Justice PRLDEF won class certification for approximately 650 individuals who were similarly detained.

In the motion for summary judgment, Winston and co-counsel successfully argued the SCSO lacked legal authority to detain the individuals for civil immigration violations. The judge agreed, stating the SCSO had no “reasonable belief,” much less probable cause, for making the arrests.

“After years of hard-fought litigation, we are pleased the court found defendants liable for violating our clients’ rights. We look forward to a trial on damages and holding Suffolk County accountable for its unlawful policies and practices,” said New York partner Aldo Badini.

In addition to Aldo, the Winston team that secured this victory included Sophie Borne, Karen Forte, Hector Correa Gaviria, Jennifer Kopp, Corinne Kyritsopoulos, Arthur Schoen, and Michelle Tuma.

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