Binh v. Immigration and Customs Enforcement

In September 2018, a class-action lawsuit was filed against Immigration and Customs Enforcement on behalf of Vietnamese nationals facing prolonged detention. The lead plaintiff, identified as Binh, was a lawful permanent resident with a past criminal conviction. After serving his criminal sentence, he was transferred to ICE custody for deportation. However, due to a diplomatic dispute between the U.S. and Vietnam regarding the repatriation of pre-1995 Vietnamese refugees, Vietnam refused to issue travel documents. ICE continued to detain Binh and others indefinitely, arguing they posed a flight risk or danger. The plaintiffs argued that indefinite detention without a bond hearing violated their Fifth Amendment right to due process. The case highlighted the legal limbo faced by Vietnamese immigrants who could not be deported but remained locked up in detention centers.

The district court ruled that the prolonged detention without a bond hearing was unconstitutional. Citing Zadvydas v. Davis, the court mandated that ICE must provide a bond hearing after 180 days of detention for noncitizens whose removal is not reasonably foreseeable. As Vietnam refused to issue travel documents, the court ordered Binh’s release under supervision or the provision of a bond hearing.

Whether Immigration and Customs Enforcement’s prolonged detention of a Vietnamese national, who cannot be repatriated due to foreign policy disputes, constitutes a violation of substantive due process under the Fifth Amendment, specifically regarding the necessity of an individualized bond hearing after six months of detention.

The case significantly impacted the Vietnamese-American community by raising awareness of the psychological and financial toll of indefinite detention. It set a precedent for limiting ICE’s ability to hold deportees indefinitely when diplomatic barriers prevent repatriation, leading to the release of dozens of long-term Vietnamese detainees and reinforcing the constitutional requirement for periodic custody reviews.