Court Cases

An immigration judge granted bond to Dominican immigrant Joan Alberto Zorrilla Lora, a decision that marks an important step forward in the face of a detention that should never have happened. The ruling comes after the American Civil Liberties Union (ACLU) of Puerto Rico filed an urgent habeas corpus petition to stop Zorrilla Lora’s transfer outside the local jurisdiction and to require that he receive a bond hearing, a process to which he was entitled. This case also exposes the voluntary collaboration of municipal authorities with the federal immigration detention machinery. There is evidence showing that the Carolina Municipal Police played a direct role in the events that led to Zorrilla Lora’s detention by federal authorities. That intervention points to voluntary cooperation by the Municipality in immigration enforcement functions, even though no 287(g) agreement exists delegating that type of authority.

The American Civil Liberties Union (ACLU) of Puerto Rico filed a petition for mandamus in the Court of First Instance in San Juan against the Secretary of the Department of Transportation and Public Works (DTOP), Edwin González Montalvo, and the Commonwealth of Puerto Rico, seeking the immediate release of all documents related to the transfer of confidential information concerning nearly 6,000 migrants who obtained driver’s licenses under Act No. 97 of 2013, including a subpoena allegedly issued by a federal agency. The ACLU-PR’s action comes after DTOP refused to provide copies of information requests issued by the Department of Homeland Security (DHS) and agencies such as U.S. Immigration and Customs Enforcement (ICE), as well as the legal assessments and the information that was turned over in response to those requests. The agency’s response relied on generalities, without legally substantiating its claim of confidentiality, which constitutes a failure to perform a ministerial duty and a flagrant violation of the right of access to public information, a constitutional right in Puerto Rico. The lawsuit is based on the public disclosure that, between February and March 2025, DTOP turned over personal data on nearly 6,000 drivers with unregularized immigration status to federal immigration agencies. The federal government later confirmed that these data are being actively used to identify immigrants, locate them, arrest them without a warrant, and deport them. The ACLU-PR underscored that this action by the government of Puerto Rico was carried out in direct contravention of Act 97-2013 itself, which requires the Secretary of DTOP to establish the necessary mechanisms to ensure that this registry cannot be used to discriminate and that the information is not disclosed.

The American Civil Liberties Union (ACLU) and the ACLU of Puerto Rico filed an amicus curiae brief before the U.S. Court of Appeals for the First Circuit in the case of Ínaru Nadia de la Fuente Díaz v. Jenniffer A. González Colón, in support of the plaintiffs challenging the Commonwealth policy that prevents them from obtaining birth certificates reflecting an “X” gender marker for nonbinary people. Currently, the Government of Puerto Rico limits the gender marker on birth certificates to only “M” or “F,” referring to the male/female binary, but refuses to offer the “X” option even when a person has other documents or medical certifications recognizing their nonbinary gender identity. The U.S. District Court for the District of Puerto Rico has already determined that this policy violates the right to equal protection of the laws, although it applied the most deferential standard of review, rational basis. The amicus filed by the ACLU and its Puerto Rico affiliate asks the First Circuit to affirm that decision while making clear that this policy should be evaluated under heightened scrutiny because it is based on the affected individuals’ transgender status. The brief explains that nonbinary people are a subgroup within the broader transgender community because their gender identity does not align with the sex assigned to them at birth. By specifically excluding people with a nonbinary identity from the ability to obtain accurate documents, the government subjects them to unequal treatment with real consequences in everyday life, from school or work to access to basic services and daily interactions with government agencies.