ICE Claims ‘System Crash’ Erased Key Footage in Detainee Abuse Lawsuit

The federal government is facing scrutiny after claiming a “system crash” deleted nearly two weeks of critical surveillance footage from an ICE detention center. This alleged data loss occurred just one day after a lawsuit was filed accusing the government of severe detainee abuse at the facility.

People held at ICE’s Broadview Detention Center, located in suburban Chicago, initiated legal action against the government on October 30. Lawyers representing the detainees assert that a significant period of footage, from October 20 to October 30, which could reveal their treatment, was lost due to a system crash on October 31.

Critical Evidence Disappears Following Lawsuit Filing

Alec Solotorovsky, an attorney for the plaintiffs, highlighted the importance of the missing video during a recent hearing. “The government has said that the data for that period was lost in a system crash apparently on the day after the lawsuit was filed,” Solotorovsky stated. He emphasized that this timeframe is considered “critical” as it immediately precedes the lawsuit.

Reports earlier in the week confirmed that the footage from October 20 to October 30 was “irretrievably destroyed.” The latest hearing shed more light on the circumstances. Plaintiffs’ attorneys remain unsure if any attempts are being made to recover the footage. Meanwhile, government lawyers contend they lack the “resources” to continuously preserve all surveillance footage, even suggesting that the detained immigrants or their legal teams could provide “endless hard drives” for data storage.

Government Cites Resource Limitations Amidst Funding Debates

Despite significant funding allocated for immigration enforcement, including billions for detention centers, the government claims a lack of resources. This comes even as ICE and Border Patrol agents reportedly continued to be paid during previous government shutdowns, and substantial budgets were provided for “border protection.”

The lawsuit details horrific treatment and living conditions at the Broadview Detention Center. Detainees allege confinement in overcrowded cells, forced sleeping on plastic chairs or filthy concrete floors, insufficient food and water, extreme temperatures, and unsanitary conditions with blood, human fluids, and insects. Cruelty and abuse by federal officers are also specifically cited in the complaint.

Incomplete Footage & Unanswered Questions

The government has offered footage from September 28 to October 19, and from October 31 to November 7, from only five cameras. Plaintiffs’ attorneys believe there are 63 surveillance cameras operating at the facility. Efforts by the plaintiffs’ legal team to work with the government on footage recovery have been met with confusion.

Solotorovsky recounted how their IT and video forensic specialists encountered a government specialist who “didn’t really know anything beyond the basic specifications of the system.” They were eventually referred to a company named Five by Five Management, described as a “no-name LLC that appears to be based out of a house,” which was allegedly involved when the data was lost.

A major concern for the plaintiffs is the absence of system logs, administrator logs, or event logs. Solotorovsky stressed that these logs are crucial for “determining whether the loss was intentional.” He expressed deep concern that “nobody is trying to recover the data, and nobody is trying to preserve the data that we’re going to need for this case going forward.”

Judicial Skepticism and Claims of Unrecoverable Data

Jana Brady, an assistant US attorney representing the Department of Homeland Security, conceded she had limited information regarding the lost footage and was attempting to contact contractors. Brady reiterated the government’s stance on proportionality, arguing that preserving all footage indefinitely from 65 cameras is resource-intensive and beyond their current capacity.

Magistrate Judge Laura McNally, however, questioned this perspective, stating, “I’m guessing the federal government has more resources than the plaintiffs here and, I’ll just leave it at that.” When asked directly if the footage was gone and unrecoverable, Brady responded, “that’s what I’ve been told.” She added that she might need to depose the vendor’s most knowledgeable person to confirm this claim.

The ongoing legal battle underscores significant concerns about transparency, accountability, and the preservation of evidence in cases involving alleged human rights abuses within federal detention facilities.