The Buffalo Federal Detention Facility (BFDF) is the largest immigration detention center in New York and has faced multiple allegations of abusive treatment and retaliatory use of solitary confinement against detained people who speak out about unsafe conditions. Free and open communication with legal counsel is a vital protection against these abuses.

But BFDF officials regularly open, copy, and retain privileged legal documents transmitted to detained people, including documents given in-person by attorneys meeting with clients. This practice chills the speech of detained people, encouraging impunity for ongoing abuses by officials.

Why Is This A Key Case?

BFDF’s practice of opening and copying confidential legal mail doesn’t just violate the right to speak freely guaranteed through the First Amendment. It also strikes at the bedrock of the attorney-client relationship by disrupting the open and effective exchange of information and advice between legal counsel and their clients.

This case defends the principle that the U.S. Constitution protects everyone’s rights to free speech and due process, regardless of immigration status. It also holds ICE officials accountable for violations of the Performance-Based National Detention Standards (PBNDS), minimum standards of care in immigration detention contained in immigration detention contracts that the government argues it can discard at its choosing.

What is the status of this case?

Pending in district court.

March 10, 2025