Hope v. Warden Pike County Correctional Facility, No. 20-1784 (3d Cir. 2020)
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In April 2020, a Pennsylvania district court ordered the release of 22 immigration detainees because of the COVID-192 pandemic, by granting a temporary restraining order without affording the government an opportunity to be heard. The Petitioners had filed a joint petition, alleging they were at risk of serious harm from COVID-19, although they vary in age from 28-69, have divergent health conditions, have unique criminal histories, and have diverse home and family situations.
The Third Circuit vacated those orders, stating that exigent circumstances do not empower a court to jettison fundamental principles of due process or the rules of procedure. Considering all the responsive measures implemented to detect and to prevent the spread of the virus, the challenges of facility administration during an unprecedented situation, and the purposes served by detention, the petitioners did not show a substantial likelihood of success on their claim that the conditions of their confinement constitute unconstitutional punishment and did not establish that the government was deliberately indifferent toward their medical needs. The court too readily accepted the all-or-nothing request for immediate release and erred in not considering as part of the balancing of harm practical difficulties involved in locating and re-detaining the petitioners should the government ultimately prevail or should a petitioner abscond, commit a crime, or violate another term of release.
This opinion or order relates to an opinion or order originally issued on April 21, 2020.
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