With respect to the El Centro sector, aliens are processed and searched in much the same way. Only four of these incidents relate to juveniles, and, of these, only one involved an item recovered in a strip search. In 1987, out of approximately 84,000 aliens searched, they were twenty incidents of weapon or contraband discovery. A visual search is conducted of the body, and the clothing of the alien is searched by hand.Īpproximately 230 aliens are admitted and searched at the San Diego facility on a daily basis, of whom approximately twenty are juveniles. Here, all aliens, including juveniles, are strip searched. If the INS decides to detain an alien, he or she is next taken to a Border Patrol staging facility. They are then processed at local Border Patrol stations. Upon apprehension, they are given a pat-down search for weapons or contraband. With respect to the San Diego sector, juvenile aliens who are detained are typically apprehended by Border Patrol officers. This differs from the policy in force at the border sectors of San Diego and El Centro. With respect to the Los Angeles sector, because of its distance from the Mexican border - where the overwhelming majority of plaintiffs enter the United States - juvenile aliens are rarely apprehended, and those who are detained are rarely strip searched. Presently, juvenile aliens are detained in three sectors of the INS's Western Region: Los Angeles, San Diego, and El Centro. The Court has considered all papers and pleadings on file, the arguments of counsel, and the governing law and has determined that plaintiffs' motion for summary judgment should be GRANTED and that defendants' motion for summary judgment should be DENIED. Rule 56 (c), summary judgment is appropriate where, as here, the pleadings, briefs and documentary evidence before the Court demonstrate that no genuine issue of material fact remains in dispute and that the moving party is entitled to judgment as a matter of law. § 1252 1 by the INS within the INS's Western Region and who have been, are, or will be subjected to, inter alia, a strip or body cavity search upon admission to an INS detention facility, after meeting with persons other than their attorneys, or at any other time or occasion absent demonstrable adequate cause.ĭefendants are the United States Attorney General, the INS, and the Western Regional Commissioner of the INS.īoth sides have filed motions for summary judgment, agreeing that there are no material facts in dispute. Plaintiffs are a class consisting of all persons under the age of eighteen years who have been, are, or will be apprehended and detained pursuant to 8 U.S.C. The sole issue before the Court is whether the policy of the Immigration & Naturalization Service ( "INS") to strip search all juvenile aliens upon their admission to INS detention facilities, and following all visits with persons other than their attorneys, is permissible under the Fourth Amendment of the United States Constitution.
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