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The federal government claims that the day after it was sued for allegedly abusing detainees at an ICE detention center, a “system crash” deleted nearly two weeks of surveillance footage from inside the facility.
People detained at ICE’s Broadview Detention Center in suburban Chicago sued the government on October 30; according to their lawyers and the government, nearly two weeks of footage that could show how they were treated was lost in a “system crash” that happened on October 31.
“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,” Alec Solotorovsky, one of the lawyers representing people detained at the facility, said in a hearing about the footage on Thursday that 404 Media attended via phone. “That period we think is going to be critical […] because that’s the period right before the lawsuit was filed.”
Earlier this week, we reported on the fact that the footage, from October 20 to October 30, had been “irretrievably destroyed.” At a hearing Thursday, we learned more about what was lost and the apparent circumstances of the deletion. According to lawyers representing people detained at the facility, it is unclear whether the government is even trying to recover the footage; government lawyers, meanwhile, said “we don’t have the resources” to continue preserving surveillance footage from the facility and suggested that immigrants detained at the facility (or their lawyers) could provide “endless hard drives where we could save the information, that might be one solution.”
It should be noted that ICE and Border Patrol agents continued to be paid during the government shutdown, that Trump’s “Big Beautiful Bill” provided $170 billion in funding for immigration enforcement and border protection, which included tens of billions of dollars in funding for detention centers.
People detained at the facility are suing the government over alleged horrific treatment and living conditions at the detention center, which has become a site of mass protest against the Trump administration’s mass deportation campaign.
Solotorovsky said that the footage the government has offered is from between September 28 and October 19, and from between October 31 and November 7. Government lawyers have said they are prepared to provide footage from five cameras from those time periods; Solotorovsky said the plaintiffs’ attorneys believe there are 63 surveillance cameras total at the facility. He added that over the last few weeks the plaintiffs’ legal team has been trying to work with the government to figure out if the footage can be recovered but that it is unclear who is doing this work on the government’s side. He said they were referred to a company called Five by Five Management, “that appears to be based out of a house,” has supposedly been retained by the government.
“We tried to engage with the government through our IT specialist, and we hired a video forensic specialist,” Solotorovsky said. He added that the government specialist they spoke to “didn’t really know anything beyond the basic specifications of the system. He wasn’t able to answer any questions about preservation or attempts to recover the data.” He said that the government eventually put him in touch with “a person who ostensibly was involved in those events [attempting to recover the data], and it was kind of a no-name LLC called Five by Five Management that appears to be based out of a house in Carol Stream. We were told they were on site and involved with the system when the October 20 to 30 data was lost, but nobody has told us that Five By Five Management or anyone else has been trying to recover the data, and also very importantly things like system logs, administrator logs, event logs, data in the system that may show changes to settings or configurations or deletion events or people accessing the system at important times.”
Five by Five Management could not be reached for comment.
Solotorovsky said those logs are going to be critical for “determining whether the loss was intentional. We’re deeply concerned 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.”
Jana Brady, an assistant US attorney representing the Department of Homeland Security in the case, did not have much information about what had happened to the footage, and said she was trying to get in touch with contractors the government had hired. She also said the government should not be forced to retain surveillance footage from every camera at the facility and that the “we [the federal government] don’t have the resources to save all of the video footage.”
“We need to keep in mind proportionality. It took a huge effort to download and save and produce the video footage that we are producing and to say that we have to produce and preserve video footage indefinitely for 24 hours a day, seven days a week, indefinitely, which is what they’re asking, we don’t have the resources to do that,” Brady said. “we don't have the resources to save all of the video footage 24/7 for 65 cameras for basically the end of time.”
She added that the government would be amenable to saving all footage if the plaintiffs “have endless hard drives that we could save things to, because again we don’t have the resources to do what the court is ordering us to do. But if they have endless hard drives where we could save the information, that might be one solution.”
Magistrate Judge Laura McNally said they aren’t being “preserved from now until the end of time, they’re being preserved for now,” and said “I’m guessing the federal government has more resources than the plaintiffs here and, I’ll just leave it at that.”
When McNally asked if the footage was gone and not recoverable, Brady said “that’s what I’ve been told.”
“I’ve asked for the name and phone number for the person that is most knowledgeable from the vendor [attempting to recover] the footage, and if I need to depose them to confirm this, I can do this,” she said. “But I have been told that it’s not recoverable, that the system crashed.”
Plaintiffs in the case say they are being held in “inhumane” conditions. The complaint describes a facility where detainees are “confined at Broadview inside overcrowded holding cells containing dozens of people at a time. People are forced to attempt to sleep for days or sometimes weeks on plastic chairs or on the filthy concrete floor. They are denied sufficient food and water […] the temperatures are extreme and uncomfortable […] the physical conditions are filthy, with poor sanitation, clogged toilets, and blood, human fluids, and insects in the sinks and the floor […] federal officers who patrol Broadview under Defendants’ authority are abusive and cruel. Putative class members are routinely degraded, mistreated, and humiliated by these officers.”
