Senator Menendez: A Call For Humane Treatment And Basic Medical Care For Immigrant Detainees

Sen. Menendez, Reps. Lofgren and Conyers, along with representatives of the religious community and civil liberties advocates, push for passage of Detainee Basic Medical Care Act

May 21, 2008 -- WASHINGTON—Today, a coalition of Members of Congress, representatives of the religious community and civil liberties advocates joined together to call for basic human rights for immigrants detained in the United States. The group was led by U.S. Senator Robert Menendez (D-NJ), Rep. Zoe Lofgren (D-CA) and House Judiciary Committee Chairman John Conyers (D-MI), who are working to pass the Detainee Basic Medical Care Act.

Recent news reports and lawsuits have exposed seemingly systematic problems in the medical care provided at U.S. immigration detention centers – in some cases, detainees have died due to the poor quality or lack of medical care. The legislation would require the Department of Homeland Security (DHS) to establish procedures for the timely and effective delivery of basic medical care to all immigration detainees in custody and would require DHS to report all detainee deaths to the Office of Inspector General and Congress.

Senator Menendez said, “We cannot forget that everyone who immigrates to this country, whether they are documented or not, is a human being. A detention should never amount to a death sentence. We should neither expect nor tolerate this type of neglectful treatment of our fellow human beings in the United States of America. At some point, this becomes more than a legal issue – it becomes a human rights issue. We have to ensure that the type of human rights we champion around the world is being observed here at home.”

Rep. Lofgren said, “Recent news accounts have made it strikingly clear that ICE has failed miserably in its responsibility to provide civilized and humane treatment to those in its custody. The Detainee Basic Medical Care Act will help ensure that minimal standards for care are put into place. We are not talking about Cadillac health care here, but the government is obligated to provide basic care. Many of those in immigration custody are there for minor violations, many for administrative and paperwork related mistakes. Their detention should not be a death sentence.”

Rep. Conyers said, "The Department of Homeland Security's denial and delay is leading to death and disability," said Conyers. "It is time for answers, not excuses."

Tom Jawetz, immigration detention staff attorney for the ACLU National Prison Project said, "Menendez and Lofgren's Detainee Basic Medical Care Act of 2008 is a strong first step towards ensuring those held in immigration detention are treated humanely and receive the medical care they need. In a country that prides itself as a beacon of freedom and democracy, the fact that ICE officials have refused to provide basic medical care to those in its custody should be seen as nothing less than shameful. Congress must pass this important and necessary legislation, and restore a modicum of humanity to our immigration detention system."

DETAINEE BASIC MEDICAL CARE ACT OF 2008:

• Requires DHS to establish procedures for the timely and effective delivery of health care.

• Ensures that treatment decisions are based on professional clinical judgments. Currently, the medical decisions of on-site staff can be overruled by off-site officials without further review.

• Ensures continuity of care for persons with serious health conditions. The bill requires access to necessary medications upon detention and during any transfers.

• Requires DHS to report all detainee deaths to the Office of Inspector General and to Congress. DHS is not currently required to keep track of or report detainee deaths. The absence of a reporting requirement leaves Congress and the public in the dark.

In a recent case, a federal judge noted that Immigration and Customs Enforcement’s “own records [of a deceased detainee] bespeak of conduct that transcends negligence by miles. It bespeaks of conduct that, if true, should be taught to every law student as conduct for which the moniker ‘cruel’ is inadequate.”

EXAMPLES OF DETAINEES WHO HAVE DIED DUE TO LACK OF BASIC MEDICAL CARE:

• Failure to provide basic medical care: While in detention, 52-year-old Boubacar Bah fractured his head during a fall and started behaving erratically. On-site medical staff assumed Boubacar was acting out and shackled him to the floor as he moaned and vomited. He was then put in solitary confinement, where he lay untreated for more than 13 hours, despite repeated notations by staff that he was unresponsive and foaming at the mouth. Finally, he was sent to the hospital, where he underwent surgery for multiple brain hemorrhages. After 4 months in a coma, he died.

• Overruling of on-site medical staff decisions: In detention, 35-year-old Francisco Castaneda sought medical care for lesions on his penis. On-site medical staff repeatedly ordered biopsies, but the biopsies were denied by off-site officials. After 11 months in custody, ICE released Francisco so he could pay for his own biopsy, which revealed cancerous tumors. Despite penile amputation and several rounds of chemotherapy, he died at the age of 36. A federal judge recently noted that this case appears to present “one of the most, if not the most, egregious Eighth Amendment violations [cruel and unusual punishment] the Court has ever encountered.”

• Denial of life-saving medication: Upon detaining 23-year-old Victoria Arellano, ICE denied her the antibiotics she was taking to fend off infections caused by her HIV-positive status. Her health quickly deteriorated, marked by high fevers, severe cramps, and internal bleeding. As she neared death, ICE put her back on antibiotic treatment, but of the wrong type. Victoria received no other medical treatment and died under ICE’s watch—just two months after first being detained.

• Senseless detention of vulnerable people: Although he had a valid visa, 81-year-old Haitian Reverend Joseph Dantica was detained by ICE because he mentioned his need for “temporary” asylum upon arrival. ICE detained him even though he was 81, had serious medical conditions, and had previously traveled to the U.S. many times without overstaying his visa. ICE stripped the reverend, despite repeated pleas, of the medication he was taking for his high blood pressure and inflamed prostate. Within days, he became ill and started vomiting, but ICE officials assumed he was faking and refused to treat him. When his condition worsened, he was taken to a local hospital where he was not seen by a doctor for another 24 hours. He died soon thereafter.

Source: Senator Robert Menendez

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