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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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Press Releases
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ACLU Welcomes Immigration Detention Medical Treatment Legislation (05/05/2008) WASHINGTON - The American Civil Liberties Union applauds Representative Zoe Lofgren (D-CA) for introducing H.R. 5950, 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.
ACLU Demands ICE End Illegal Deportation of U.S. Citizens (02/13/2008) Washington, DC – The story of Pedro Guzman, a U.S. citizen born and raised in California, was invoked today throughout a hearing examining Immigration and Customs Enforcement’s illegal deportation of United States citizens. James Brosnahan, of Morrison & Foerster, who is representing Guzman alongside the American Civil Liberties Union of Southern California, testified about the plight of the 30-year-old cognitively impaired American citizen illegally deported to Mexico after he was arrested on misdemeanor charges and sent to Los Angeles County jail.
ACLU Calls Passage of Deaths in Custody Bill a Step in the Right Direction (01/23/2008) Washington, DC – The American Civil Liberties Union today supported a bill passed by the House that compels officials to report deaths of prisoners and immigration detainees in local and state custody. The Deaths in Custody Reporting Act, introduced by Rep. Bobby Scott (D-VA), demands accountability and transparency from state and local agencies, where most immigration detainees are held, when people die in custody. The bill does not, however, apply to deaths in federal Immigration and Customs Enforcement (ICE) facilities.
Egyptian Torture Victim Released From Immigration Detention (01/15/2008) SCRANTON, PA - Egyptian national Sameh Khouzam was released from detention today days after a federal judge ruled that the U.S. government cannot rely on secret and unreviewable “assurances” from the Egyptian government that it will not torture him upon his return. Last Thursday, the judge granted Khouzam’s habeas corpus petition and ordered that he be immediately freed from a Pennsylvania prison, where he has been held since May. Khouzam is represented by the American Civil Liberties Union.
Court Rejects Government’s Attempt to Deport Egyptian to Torture (01/10/2008) SCRANTON, PA – In the first decision of its kind, a federal judge today ordered the government to stop the deportation of Egyptian national Sameh Khouzam based on a secret and unreliable “assurance” from the Egyptian government that it will not torture him upon his return. The judge called for Khouzam’s immediate release from jail under reasonable conditions of supervision and granted his habeas corpus petition. The American Civil Liberties Union, which filed a lawsuit on Khouzam’s behalf, applauded the judge’s ruling.
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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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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 3 (10/30/2007)
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)
Prieto-Romero v. Clark - ACLU Amicus Brief (10/18/2007)
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Immigrants Rights
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Detention
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Legislative Documents
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ACLU Statement for Senate Judiciary Committee Oversight Hearing on Department of Homeland Security (04/02/2008)
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.
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 of Cheryl Little for the House Immigration Subcommittee Hearing Detention and Removal: Immigration Detainee Medical Care (10/04/2007)
Testimony of June Everett for the House Immigration Subcommittee Hearing Detention and Removal: Immigration Detainee Medical Care (10/04/2007)
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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 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.
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 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 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.
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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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