Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Who We Are
    3. Media
    4. Nixon Peabody and ACLU file class action lawsuit seeking release of ICE detainees to prevent spread of coronavirus

      Media

    Nixon Peabody and ACLU file class action lawsuit seeking release of ICE detainees to prevent spread of coronavirus

    April 18, 2020

    LinkedInX (Twitter)EmailCopy URL

    Contact

    Nicholas Braude

    Director of Media Relations

    • Office +1 617.345.1063
    • nbraude@nixonpeabody.com

    Concord, NH. Nixon Peabody, together with the ACLU of New Hampshire, national ACLU, and four regional law firms, today brought a class action lawsuit seeking the immediate release of all Immigration and Customs Enforcement (ICE) civil detainees from Strafford County (NH) Department of Corrections to prevent the spread of the coronavirus.

    The lawsuit, filed in the U.S. District Court in Concord, NH, argues it is impossible for people in the Dover facility to maintain social distancing of at least six feet—the minimum space medical authorities cite for preventing spread of the illness.

    “Our clients are not detained for criminal activity, but only to await civil immigration action,” said David Vicinanzo, leader of Nixon Peabody’s Government Investigations & White Collar Defense practice and former First Assistant U.S. Attorney for New Hampshire. “This civil detention places them in grave danger in this pandemic. Inevitably, one detainee will contract COVID-19, and the risk of spread throughout the facility is high and potentially lethal.”

    The conditions at the center that demand release for these inmates include:

    • Bunk beds placed only two to three feet apart;
    • Detainees sharing sinks, toilets, counters, and showers; and
    • Food service is communal, with many people eating at the same table.

    Because of these conditions, immigrants detained at Strafford County are at a heightened risk of exposure to the virus. This is not only inhumane, but also violates the Fifth Amendment of the U.S. Constitution.

    “Because the plaintiffs and other proposed class members are not being detained pursuant to a criminal conviction, safer alternatives are available,” said Nathan Warecki, an attorney with Nixon Peabody in Manchester who focuses on complex immigration litigation. “ICE has a long-standing practice of releasing detainees for humanitarian reasons, and regularly uses options like GPS and electronic monitoring to maintain custody and control over non-citizens.”

    The lawsuit asserts that because ICE has refused to make urgent, necessary changes to its operations during the pandemic, courts must intervene. Read the lawsuit here: https://www.aclu-nh.org/sites/default/files/field_documents/gomes-first-amended-petition-for-writof-habeas-corpus.pdf

    “The failure by ICE to release detainees in Dover puts detainees, staff, and the broader community at grave risk of death or serious injury,” said Devon Chaffee, executive director of the ACLU of New Hampshire. “The virus is already spreading through correctional facilities across the country with devastating consequences. We are demanding immediate action to stem this outbreak and save lives.”

    Practices

    Government Investigations & White Collar DefenseLitigationClass Actions & Aggregate LitigationImmigration

    Professionals in the Practice Area

    View All
    • Robert Fisher

      Partner / Practice Group Leader, Government Investigations & White Collar Defense
      • Boston
      • Office:+1 617.345.1335
      • rfisher@nixonpeabody.com
      Robert Fisher
    • Hannah Bornstein

      Partner / Deputy Practice Group Leader, Government Investigations & White Collar Defense
      • Boston
      • Office:+1 617.345.1217
      • hbornstein@nixonpeabody.com
      Hannah Bornstein
    • Brian T. Kelly

      Partner
      • Boston
      • Office:+1 617.345.1065
      • bkelly@nixonpeabody.com
      Brian T. Kelly
    • John Sandweg

      Partner
      • Washington DC
      • Office:+1 202.585.8189
      • jsandweg@nixonpeabody.com
      John Sandweg
    • David A. Vicinanzo

      Partner
      • Boston
      • Office:+1 617.345.1177
      • dvicinanzo@nixonpeabody.com
      David A. Vicinanzo
    View All

    Insights And Happenings

    • Press Release

      Nixon Peabody names Director of Pro Bono & Social Impact, reaffirming and deepening commitment to equity in our communities

      Dec 16, 2021

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved