Winnipeg-born Clayton Herman was released from the Adelanto ICE Detention Centre on Monday after being detained for nearly 250 days. A U.S. federal trial court judge ordered the release on Friday, ruling that the government’s detention of the 54-year-old without a fair opportunity to contest the allegations against him violated his due process rights.
Did You Know? The Adelanto detention facility is a private, for-profit center owned by the Geo Group, which, according to the company’s latest annual report, received nearly half of its revenue from U.S. Immigration and Customs Enforcement last year.
Why the court ordered his release
Judge Michael Kaufman found that the previous immigration judge “abused its discretion” when determining that Herman was a flight risk. According to the court order, the only evidence submitted to support this claim was a Department of Homeland Security form alleging 18 violations, yet the form failed to provide any specific dates, types of violations, or supporting information.
Herman’s attorney, Craig Durham, argued that his client was held in “horrible conditions” despite a lack of transparency regarding the accusations against him. The court noted that ICE appeared to have had the necessary information available but declined to produce it during the initial bond hearing, effectively preventing Herman from mounting a meaningful legal defense.
The role of electronic monitoring
The conflict centered on the VeriWatch, a location-monitoring device provided by BI Electronic Monitoring and Supervision Services, a subsidiary of the Geo Group. Herman, who has resided in the U.S. for 20 years after overstaying a visa, testified that the device was “glitchy from the start” due to poor cellular reception in the Ojai area.
Following frequent, late-night troubleshooting calls from the contractor, ICE officers arrested Herman in October for allegedly violating his supervision conditions. In his ruling, Judge Kaufman explicitly ordered that a VeriWatch device cannot be used as a condition of supervision for Herman moving forward, stating the technology is “not an appropriate” tool in his case.
Expert Insight: The intersection of private, for-profit detention and proprietary surveillance technology creates a significant conflict of interest. When the same parent company owns both the facility housing detainees and the monitoring technology used to police them, the system inherently incentivizes higher detention rates, which complicates the due process rights of those in the immigration system.
What happens next
While Herman has secured his release, his underlying immigration case remains active in the courts. He must continue to check in with ICE regularly, leaving him with concerns that he could be detained again in the future.
Herman intends to use his time outside of detention to assist others who are still held in custody. Having represented himself during his own legal battle, he plans to serve as a resource for other detainees attempting to file for habeas corpus, hoping that his case might serve as a legal precedent for those struggling with similar monitoring device malfunctions.
Frequently Asked Questions
Why was Clayton Herman detained in the first place?
Herman was detained in October after ICE officers alleged he violated the supervision conditions of his VeriWatch tracking device. He had been required to wear the device since May of last year.
What were the conditions like at the Adelanto facility?
Herman described the center as a “vile, wretched hellhole” where nutritious food, showers, and medical care were difficult to access. The facility is currently facing a federal lawsuit alleging inhumane conditions, including mold and rampant illness.
Is Herman now safe from further detention?
Not necessarily. While his detention hearings are concluded, his immigration case is still pending. He must continue to check in with ICE, and he has expressed concerns about the possibility of future detention.
Do you believe that electronic monitoring technology should be subject to independent oversight when used in the immigration system?
