By Spencer S. Hsu
March 30, 2020 at 5:32 p.m. EDT
A federal judge in Washington pressed U.S. Immigration and Customs Enforcement to release migrants held in family detention centers, citing the imminent risk of coronavirus outbreaks in confinement and their rapid spread to surrounding communities.
U.S. District Judge James E. Boasberg of Washington, D.C., stopped short of ordering the immediate release of about 1,350 members of migrant families detained at three centers in Pennsylvania and Texas as part of a lawsuit advocates recently filed. But during a hearing on Monday, the judge directed U.S. immigration authorities to report on their efforts to release families in custody by next week.
“I will order that in a week [April 6], the government has got to come back to me and give me answers about the capacity of these centers, videotapes of living conditions and steps taken toward release,” Boasberg said after a 45-minute hearing.
“Circumstances are changing rapidly, and if there are cases in these centers or there are other problems that are not compliant, I will revisit” the petitioners emergency release request, the judge added.
Boasberg’s order expands on a similar one U.S. District Judge Dolly M. Gee issued Saturday in Los Angeles related to an emergency hearing seeking the release of 6,900 detained children. Gee had ordered that federal agencies operating detention facilities for migrant children report their efforts to release children in custody by April 6. Boasberg widened the order to cover their parents.
Coronavirus could pose serious concern in ICE jails, immigration courts
Boasberg also directed U.S. immigration authorities to comply with Centers for Disease Control and Prevention guidelines for congregate housing and the Constitution’s guarantee that prisoners be held in safe and sanitary conditions.
Boasberg entered his order in a lawsuit filed March 21 by three groups helping migrant families seeking asylum and being held at three centers in Berks County, Pa.; Dilley, Tex.; and Karnes City, Tex., under the Trump administration’s family detention policy.
Lawyers for the Refugee and Immigrant Center for Education and Legal Services, the Rapid Defense Network, and ALDEA — the People’s Justice Center argued that their clients are “trapped and at risk of serious, irreparable harm” in situations they called “a tinderbox.”
The suit alleged that groups of about 60, 500 and 800 detained mothers, fathers and children live, eat and sleep in close quarters at the three facilities and cannot meet hygiene and “social distancing” standards recommended to prevent the spread of the virus.
The complaint asserts that up to 100 people sit “elbow to elbow” in lunchrooms at tables of 10; soap is limited; access to hand sanitizer is limited or nonexistent; and cleaning of centers is typically done by volunteer detainees who are paid $1 a day and not provided hand sanitizer or masks.
“Families in [detention centers] are scared and concerned for their lives,” the complaint alleged. “It is almost certain to expect COVID-19 to infect and spread rapidly in family residential centers, especially when people cannot engage in proper hygiene or isolate themselves from infected or asymptomatic residents or staff.”
The suit said authorities have begun to release some families that include pregnant women or people with asthma from the Karnes and Dilley facilities.
ICE to resume detaining migrant families at Texas facility
Vanessa Molina, attorney with the Justice Department’s Office of Immigration Litigation, said that the department is complying with Gee’s similar order for children and that protective measures being adapted for children would also presumably apply to parents held as family units in the same facility.
Molina said ICE is complying with CDC guidelines for civil detention facilities. She added that standards are not specific but are “malleable” depending on each particular setting.
Gee had found that ICE operations appeared “deficient” based on protocols reported March 15, and she ordered the administration to “make every effort to promptly and safely release” migrant children. Her order covered minors at ICE’s family residential centers in Texas and Pennsylvania. Gee said the Office of Refugee Resettlement appeared compliant with CDC guidelines at shelters for about 3,600 unaccompanied minors who crossed the border alone and are housed until they can be placed with a parent or guardian. She ordered the ORR to report on the release of children only in states with 3,000 or more covid-19 cases.
ICE and the ORR on March 19 reported their first coronavirus cases in detention centers they run, involving staff members at an ICE adult facility and an ORR center for unaccompanied minors.
Also on March 19, two contract physicians for the Department of Homeland Security’s Office for Civil Rights and Civil Liberties wrote a House oversight panel urging the department to consider releasing all immigrant detainees who do not pose a risk to public safety citing health and safety concerns.
ICE on March 24 reported the first migrant in custody to test positive, a 31-year-old man from Mexico quarantined at Bergen County jail in New Jersey.
The ORR on March 26 began reporting that four unaccompanied migrant children in custody at a shelter in New York tested positive for the coronavirus.
Hundreds of minors held at U.S. border facilities are there beyond legal time limits; families make up a small fraction of the more than 40,000 immigrants held daily in county jails, private prisons and detention facilities across the United States.
Family Residential Centers are reserved for asylum-seeking families who are not in criminal proceedings and do not pose a danger to the community. They allow commingling of detainees regardless of age or gender.
Contract operators say detainees are provided with schooling, medical care, recreation and “life skills/chores,” “free time,” and access to legal and religious services.
Immigrant advocates say the facilities are effectively jails that hold children as young as infants with their parents, with subpar medical care provided. Hundreds of families are exhibiting symptoms including coughs, fever and shortness of breath but are not being tested or receiving adequate medicine, the suit alleged.