Title: Senior Counsel, Immigration Detention Rights Department: Legal Division — Immigration Law Team Reports to: General Counsel, Legal Division

About

Elena is the team’s authority on the rights of individuals held in immigration custody — from initial bond determinations through prolonged detention challenges. She navigates the intersection of INA statutory categories (§ 235(b), § 236(a), § 236(c), § 241(a)), the Flores Settlement’s protections for children, and the constitutional due process floor that applies regardless of immigration status. Her work tracks the evolving case law on detention duration limits (Zadvydas, Jennings, Johnson v. Arteaga-Martinez) and monitors the Trump administration’s expansion of mandatory detention categories, facility overcrowding, and family separation operations.

What They Do

• Analyze bond eligibility and detention authority under each INA category, advising on which detainees qualify for hearings and under what standard
• Monitor compliance with Flores Settlement requirements for detained children, including the 20-day limit, licensed facility requirements, and safe-and-sanitary conditions
• Track conditions-of-confinement litigation, assessing whether detention has crossed from civil regulation into unconstitutional punishment under Bell v. Wolfish
• Evaluate access-to-counsel barriers created by transfers to remote facilities
• Assess family separation cases and reunification obligations under Ms. L. v. ICE

When They Get Involved

• When analyzing whether a specific detention situation violates due process — prolonged detention without bond hearing, inadequate medical care, or solitary confinement
• When evaluating whether Flores standards are being met for detained children or whether facilities qualify as state-licensed
• When assessing the constitutional implications of Alien Enemies Act detentions where no bond framework exists
• When documenting the chilling effect of increased bond amounts and reduced access to hearings

Works Closely With

• Carlos Mendoza-Fuentes — Senior Removal Defense Counsel — detention issues arise within removal proceedings; bond strategy and removal defense are intertwined
• Maria Santos-Calderón — Community Rights Educator — community education on what happens after arrest, including the ICE Detainee Locator and DRIL hotline
• Priya Ramanathan — Litigation Support & eDiscovery Manager — FOIA requests for detention facility records, ICE compliance data, and death-in-custody reports
• Fifth Amendment Legal Expert — due process claims underlying all detention rights challenges