Earlier this month, Investigative Post reported on alleged medical neglect at Immigration and Customs Enforcement or ICE's Batavia Detention Center.
As Investigative Post's J. Dale Shoemaker wrote, "Serious injuries went untreated, medications were denied or scaled back, and needed medical appointments were delayed."
This week on the Disabilities Beat, we explore what, if any rights do detainees with disabilities, chronic illnesses, or mental health conditions have while detained? And what challenges do they face if trying to seek justice?
TRANSCRIPT:
Emyle Watkins: Hi, I am Emyle Watkins and this is the Disabilities Beat. Earlier this month, Investigative Post reported on alleged medical neglect at Immigration and Customs Enforcement or ICE's Batavia Detention Center. As Investigative Post's J. Dale Shoemaker wrote, "Serious injuries went untreated, medications were denied or scaled back, and needed medical appointments were delayed."
J. Dale Shoemaker: In some cases, the care rises to such an egregious level that they will argue in court that it's a violation of their human rights. And in some cases, judges have ordered detainees released because they are at risk of serious medical complications or death.
Emyle Watkins: I recently spoke with Shoemaker about his reporting.
J. Dale Shoemaker: There are instances where people are injured or grow sick inside, and then they don't receive care.
Emyle Watkins: He details several cases in his report. In one case, a detainee had his fingers amputated after being denied treatment for frostbite he had when taken into ICE custody. Another detainee experienced a stroke-like syndrome, according to a doctor, after being denied his regular medication. Other detainees were allegedly denied or had their medications lowered for medical and mental health conditions. And one detainee experienced a significant delay in dialysis treatment.
J. Dale Shoemaker: The point here is that if you are a perfectly healthy person, ICE detention is not good for you. If you have anything medically wrong with you, if you need medication, if you have any sort of disability, if you have any sort of illness, there is a high likelihood that that will not be properly treated in ICE detention. That is what the record of evidence shows and what we found here in our investigation.
Emyle Watkins: Shoemaker says, in some of these cases, ICE responded to lawsuits claiming the allegations were not their responsibility.
J. Dale Shoemaker: However, in the majority of cases that we reported on, we received no reply to our questions.
Emyle Watkins: After reading this and speaking to Shoemaker, I wanted to find out what, if any rights do detainees with disabilities, chronic illnesses, or mental health conditions have while detained. I called Beth Haroules, the Director of Disability Justice Litigation for the NYCLU.
Beth Haroules: Over the years, we've seen, for example, people who engage in First Amendment activities, protest activities who end up getting arrested, where they're denied access to their medication, to the durable medical equipment and the like. And that's always been an issue. It is now on steroids that this is an issue because if cruelty is the point here, there will be a denial of access because there is a lack of interest in preserving human life, so far as I think we've all seen from the reporting here.
Emyle Watkins: She explains that disability, civil rights law does still protect disabled people in detention.
Beth Haroules: Regardless of their immigration status are entitled to protection from harm when they're in government custody. That incorporates obviously compliance with appropriate medical care and with disabilities. They're entitled to accommodations and to situations that address their disability in order for them to in fact be protected within that setting.
Emyle Watkins: And Shoemaker points this out too, there are guardrails for government detention.
J. Dale Shoemaker: The biggest argument that you will see a lawyer make is that the medical care or the lack thereof violates ICE's own standards.
Emyle Watkins: However, Haroules explains the issue for detainees is exercising those rights.
Beth Haroules: If you have, the standard in a way is deliberate indifference with respect to a person's medical needs, and it could rise to the level of a constitutional violation. But that's cold comfort because remember, a person in real time is having medical needs that aren't being met, and there may also be a lack of information about what is happening to that person. It's cold comfort to say that a person can sue after the fact and meet a standard showing a constitutional violation, and it's impossible for somebody who's been sent off to one of the central African nations where there's not even internet access for people to pursue those rights, assuming that what has happened to them is not in fact life-threatening.
Emyle Watkins: Haroules believes part of the motivation is what's called the doctrine of public charge. It's the legal rule of denying immigration to people who the government believes may cost them money.
Beth Haroules: So it may not be fully identified, but it is an animating principle of this administration to eliminate people who might cost the government monies.
Emyle Watkins: Right now, Haroules says the best way for disabled immigrants to protect themselves in case they are detained is to create a safety plan that includes any medications they take and durable medical equipment they use to be left with a loved one in case they are detained.
You can listen to the Disabilities Beat segment on demand, view a transcript and plain language description for every episode on our website at btpm.org. I'm Emyle Watkins. Thanks for listening.
