At Castellanos & Associates, APLC, we focus on family law, but we are also deeply committed to the constitutional values that underpin all legal proceedings—fairness, access to counsel, and due process. We recognize that members of our community, including some of our clients and their families, have been directly affected by immigration detention practices that raise serious legal and human rights concerns.
Although immigration detention is considered a civil matter, its consequences are severe: prolonged confinement, family separation, and removal from the United States. Unlike in criminal cases, individuals in immigration proceedings are not entitled to government-appointed counsel (8 U.S.C. § 1362), and many must represent themselves through complex legal processes. According to the American Immigration Council, only 14% of detained immigrants have legal representation, which significantly reduces their chances of release or relief.¹
Access to legal counsel is not only a statutory right—it is a cornerstone of due process under the Fifth Amendment. When individuals are denied timely and meaningful access to attorneys, particularly in remote or high-security detention centers, it raises constitutional concerns. In some instances, legal access is impeded by institutional policies or surveillance-related limitations.
In addition to due process concerns, the government has invoked the state secrets privilege—a doctrine established in United States v. Reynolds, 345 U.S. 1 (1953)—to prevent the disclosure of evidence in cases alleging wrongful detention, surveillance, or coercive interrogation. In El-Masri v. Tenet, 479 F.3d 296 (4th Cir. 2007), a lawsuit involving allegations of torture and extraordinary rendition was dismissed solely on national security grounds. Similarly, in Zubaydah v. United States (595 U.S. ___ (2022)), the U.S. Supreme Court upheld this privilege to block inquiry into CIA practices that had already been detailed in public records, including the 2014 Senate Intelligence Committee Report.
That report revealed the use of enhanced interrogation techniques—including sleep deprivation, stress positions, and physical restraint devices—some involving head immobilization to prevent movement during prolonged interrogations.² Such practices raise serious legal questions under the Eighth Amendment’s protection against cruel and unusual punishment, and internationally, under the Convention Against Torture, to which the U.S. is a party.
As family law practitioners, we understand the ripple effects of detention: disrupted custody, parental rights complications, and trauma to children and families. Our commitment is rooted in advocating for dignity, access, and legal protections for all. The rule of law must apply equally—regardless of status, setting, or system.
📍 Local Legal Support in Los Angeles
Public Counsel – Immigrants’ Rights Project
A leading nonprofit organization offering free legal services to immigrants, including detained individuals and families.
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Contact:
Sally Vazquez-Castellanos
Shareholder and Attorney, Castellanos & Associates, APLC
Industrious Pasadena at Pasarroyo
251 S. Lake Avenue, Suite 800
Los Angeles, California 91101
Phone: (805) 732-2396