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Medical Care in Immigrant Detention
Nearly 300,000 men, women, and children are detained by U.S. Immigration and Customs Enforcement (ICE) each year, the majority of whom have no criminal history whatsoever. Thousands arrived on our shores fleeing persecution and torture, only to be locked up like criminals in one of over 400 detention facilities around the country.
On June 13, 2007, the ACLU filed a class action lawsuit on behalf of immigrant detainees at San Diego Correctional Facility (SDCF), charging that inadequate medical and mental health care have caused unnecessary suffering and, in several cases, avoidable death.
On October 4, 2007, the House Judiciary Committee's Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law will hear testimony on the issue of medical care in immigrant detention. Congress must ensure that detained immigrants receive treatment that reflects America's fundamental values.
Representative Zoe Lofgren has now introduced H.R. 5950, the Detainee Basic Medical Care Act of 2008, in May of 2008. This legislation would require the Department of Homeland Security (DHS) to develop procedures to ensure adequate medical care for all detainees held by U.S. Immigration and Customs Enforcement (ICE). The legislation also requires ICE to report detainee deaths to the DHS and Department of Justice Offices of Inspector General. More >>
LEARN MORE
> News: ACLU and Victims of Inadequate Medical Care in Immigration Detention Tell Congress to Prevent More Deaths (10/4/2007) > Fact Sheet: ACLU Calls on Congress to Improve and Codify Immigration Detention Standards
> News: ACLU Calls on Immigration Officials to Release Information About Immigrant Detention Deaths (6/27/2007)
> Woods v. Myers: ACLU Sues Over Lack of Medical Treatment at San Diego Detention Facility
> Kiniti v. Wagner: ACLU Sues US Immigration Officials and For-Profit Corrections Corporation Over Dangerous and Inhumane Housing of Detainees (1/24/2007)
> AUDIO: Testimony from Victims and ACLU Staff
ACLU Challenges Illegal Detention of Children Held in Prison-Like Conditions
On March 6, the ACLU brought several lawsuits against Michael Chertoff, Secretary of the Department of Homeland Security (DHS), on behalf of 10 children detained at the T. Don Hutto detention facility in Taylor, Texas. The lawsuit contends that the conditions inside Hutto violate numerous provisions of Flores v. Meese, a 1997 court settlement that established minimum standards and conditions for the housing and release of all minors in federal immigration custody. Learn more >>
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Immigrants Rights
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Detention
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Press Releases
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ACLU Reacts to DHS OIG Report on ICE Detainee Deaths and Medical Care (07/01/2008) Washington, DC – The American Civil Liberties Union (ACLU) reacts to the release of the Department of Homeland Security Inspector General’s report, “ICE Policies Related to Detainee Deaths and the Oversight of Immigration Detention Facilities.” The report examines two of the 33 detainee deaths reported between January 1, 2005 and May 31, 2007 and DHS’s Immigration and Customs Enforcement (ICE) standards related to detainee deaths and the medical treatment of immigration detainees.
ACLU Sues Department Of Homeland Security For Information On Deaths In Immigration Detention Centers (06/25/2008) WASHINGTON – The American Civil Liberties Union today sued the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) and the DHS Office of the Inspector General (OIG) for refusing to turn over thousands of public documents in their possession detailing the deaths of immigration detainees held in U.S. custody.
ACLU Secures End To Overcrowding At San Diego Correctional Facility (06/04/2008) SAN DIEGO - The Department of Homeland Security (DHS) and the Corrections Corporation of America (CCA) agreed today to keep the number of immigration detainees housed at the San Diego Correctional Facility (SDCF) within the facility's design capacity.
ACLU Applauds Menendez Legislation Calling for Standards Governing Basic Medical Care of Immigrant Detainees (05/21/2008) WASHINGTON, DC—The American Civil Liberties Union applauds Senator Robert Menendez (D-NJ) for his leadership to provide adequate medical care for detainees in the custody of Immigration and Customs Enforcement (ICE). Menendez introduced the Detainee Basic Medical Care Act of 2008 (S.2005), a bill designed to ensure adequate medical care for all detainees held by ICE. The legislation, a companion to H.R. 5950, introduced by Representative Zoe Lofgren (D-CA), requires ICE to also report detainee deaths to the Department of Homeland Security (DHS) and Department of Justice Offices of Inspector General.
ACLU Welcomes Detainee Basic Medical Care Act (05/13/2008) WASHINGTON – The American Civil Liberties Union applauds Senator Robert Menendez (D-NJ) for introducing the Detainee Basic Medical Care Act of 2008. This legislation requires the Department of Homeland Security (DHS) to develop procedures to ensure adequate medical care for all detainees held by U.S. Immigration and Customs Enforcement (ICE). The legislation also requires ICE to report detainee deaths to the DHS and Department of Justice Offices of Inspector General.
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Immigrants Rights
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Detention
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Publications
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Conditions of Confinement in Immigrant Detention Facilities (06/27/2007)
Human Rights Abuses Under the Material Witness Law Since Sept. 11, 2001 (06/27/2005)
America's Disappeared: Seeking International Justice for Immigrants Detained after September 11 (01/26/2004)
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Immigrants Rights
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Detention
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Legal Documents
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ACLU v. Department of Homeland Security, Immigrations and Customs Enforcement - Complaint (06/25/2008)
Kiniti v. Myers - Settlement Agreement (06/04/2008)
Soeoth v. Mukasey - Appellee's/Cross-Appellant's Reply Brief (12/12/2007)
Soeoth v. Keisler - Appellee's Cross Appellant's Principal and Response Brief, Part 2 (10/30/2007)
Soeoth v. Keisler - Appellee's/Cross Appellant's Principal and Response Brief, Part 1 (10/30/2007)
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Immigrants Rights
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Detention
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Legislative Documents
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ACLU testimony before House Judiciary Subcommittee on Immigration, Citizenship, Refugees at a hearing regarding immigrant detainee medical care (06/04/2008)
Testimony of Tom Jawetz, staff attorney for the ACLU National Prison Project, before the US House Committee on the Judiciary, Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law (05/21/2008)
ACLU Statement for Senate Judiciary Committee Oversight Hearing on Department of Homeland Security (04/02/2008)
ACLU Testimony on Immigration Detention Oversight (02/13/2008) The American Civil Liberties Union commends the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law for conducting an oversight hearing of interrogation, detention, and removal practices conducted by the Department of Homeland Security (“DHS”) Immigration and Customs Enforcement (“ICE”) Section. We urge the Subcommittee to initiate a rigorous oversight process to ensure that ICE is held accountable to Congress and the public for its enforcement practices. The following written statement, submitted on behalf of the ACLU, will address a range of problematic ICE practices at the interrogation, detention, and removal stages.
Testimony from Mark Rosenbaum and James Brosnahan about deportation of U.S. Citizen Peter Guzman (02/13/2008) The government—whether it be federal or local—lacks any discretion to deport citizens of the Unites States. Citizenship is the constitutional birthright of every individual born within our national borders, and surely the first obligation of government is to preserve at any cost the liberty and security of its citizens to remain within their homeland.
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Immigrants Rights
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Detention
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Resources
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ACLU Calls on Congress to Improve and Codify Immigration Detention Standards (07/10/2007)
Testimony of June Everett on Immigration Detention Conditions (07/09/2007) Testimony of June Everett, whose sister, Sandra Kenley, died in ICE custody. Representative Keith Ellison (D-MN), member of the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, hosted the briefing.
Testimony of Michele Garnett McKenzie on Immigration Detention Conditions (07/09/2007) Michele McKenzie of the Minnesota Advocates for Human Rights' testimony on immigration detention conditions. Representative Keith Ellison (D-MN), member of the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, hosted the briefing.
Testimony of Allen S. Keller, M.D., on Immigration Detention Conditions (07/09/2007) Dr. Allen Keller's testimony on immigration detention conditions. Representative Keith Ellison (D-MN), member of the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, hosted the briefing.
Testimony of Tom Jawetz on Immigration Detention Conditions (07/09/2007) Immigration Detention Staff Attorney Tom Jawetz's testimony on immigration detention conditions. Representative Keith Ellison (D-MN), member of the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, hosted the briefing.
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Immigrants Rights
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Detention
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Court Cases
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Cases Challenging Indefinite Detention of Immigrants (10/29/2007) The ACLU is challenging the incarceration of immigrants in detention centers for prolonged and indefinite periods of time while they fight their immigration cases.
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