CONCORD, N.H. – The ACLU of New Hampshire filed a federal lawsuit on Friday, April 25 on behalf of a Somalian immigrant who has been in continuous detention since 2016 – totaling two years and six months. Mahamed Ahmed-Cali fled Somalia afterAl-Shabaab, a militant terrorist group in the country, made threats against his family.
The U.S. government detained Mr. Ahmed-Cali when he lawfully presented himself at the port of entry in San Diego in 2016 for asylum protection. Since then, ICE has transferred him to numerous immigration detention facilities in Massachusetts, Louisiana, Alabama, Florida, Georgia, and finally New Hampshire.
During this time, he was even subjected to a failed deportation attempt where deportees were reported to be abused for two days, including being shackled and beaten by ICE agents and forced to stay seated for a full 48 hours. At one point, Mr. Ahmed-Cali attempted to stand up to stretch his legs. An ICE guard then pushed him down, cutting his knee on the metal seat – an injury that still hurts him to this day.
“Imagine fleeing your country to seek a better life, lawfully presenting yourself at the border, and then ending up behind bars for two and a half years and enduring days of abuse. For Mr. Ahmed-Cali, that was his reality,” said SangYeob Kim, Immigration Legal Fellow at the ACLU of New Hampshire. “After an egregiously long detention, ICE should release Mr. Ahmed-Cali from custody. This is one of the worst cases of abuse by ICE we have seen in New Hampshire."
Previous U.S. Supreme Court decisions make it clear that the government cannot detain a person in immigration custody for longer than six months if they cannot deport the person in the “reasonably foreseeable future.” This means that if the person is not able to be deported for months or years, the government must justify their prolonged detention or release them.