The ongoing ICE detention of a Maine resident is a clear violation of his constitutional right to due process.
PORTLAND – The ACLU of Maine filed a habeas corpus petition Thursday on behalf of Eyidi Ambila, a 44-year-old Maine resident who has been held in U.S. Immigration and Customs Enforcement (ICE) detention at Cumberland County Jail since September 23, 2024. The petition challenges Mr. Ambila’s ongoing, indefinite detention as a violation of his constitutional right to due process.
Mr. Ambila has lived in the United States since he was seven years old. His country of birth, the Democratic Republic of Congo (DRC), has no record of him and has declined to issue him travel documents. Because of this, he is effectively stateless, and there is little likelihood of his removal. Despite this, ICE continues to detain him.
“The Constitution guarantees that no one in this country can be imprisoned without due process, regardless of immigration status,” said ACLU of Maine Legal Director Carol Garvan.
Mr. Ambila was previously detained and released from DHS custody in 2007 and lived in the community for the next 17 years, consistently reporting to ICE, maintaining employment in Maine, and paying taxes. He is the primary provider for his family, including two minor children.
In May 2024, Mr. Ambila was arrested and later convicted of two misdemeanor offenses. Although he completed his sentence on September 23, 2024, he was immediately transferred to ICE custody under an “ICE detainer” -- a request from ICE to local law enforcement to hold someone beyond their release date while ICE investigates their immigration status. ICE detainers are not supported by probable cause, are often issued without advance notice, and provide limited means to challenge extended detention.
Now in ICE custody for eight months, Mr. Ambila has received no updates on his immigration detention case. He remains in custody without any indication of when or if he will be released.
“Indefinite detention not only violates the Fifth Amendment, it’s inhumane,” said ACLU of Maine Staff Attorney Anahita Sotoohi. “Being incarcerated with no prospect of release has profoundly affected Mr. Ambila’s relationship with his children and has taken a serious toll on his well-being.”
Mr. Ambila’s story is just one of many during a time of sharply increased immigration enforcement activity happening in Maine. Since January 20, more people have been detained over civil immigration matters in Maine than in all of 2024. The widespread use of ICE detention raises serious concerns about due process and exposes local governments to costly legal liability.
The ACLU of Maine is urging the court to order Mr. Ambila’s immediate release.
You can view the petition and exhibits here.
