Mismanagement of COVID-19 Within Ice Detention Centers

With Covid-19 spreading across the country, immigrants held in detention centers run the risk of contracting the virus at extraordinarily high rates. There are reports of mass mismanagement regarding Covid protocols within these detention centers. One notable case is in Arkansas, where a doctor working at Washington County Detention Center treated COVID-19-positive people with ivermectin without their knowledge. This kind of behavior exemplifies the long history of abuse, a history that justifies widespread mistrust of staff and medical professionals working in the detention centers. As Covid cases increase, specifically within ICE detention facilities (and in county jails and for-profit prisons), so does evidence that prison officials are unable to protect people from Covid-19. Detention centers should release individuals who do not pose a threat to public safety or are a flight risk, so that they can return to the safety of their homes and reduce the viral spread to others. 

The danger of spreading the virus has increased this past month. From Jan 3rd-13th, ICE detention facilities reported from 285 active cases to 1766. The facilities claim to have stringent 14-day quarantine and require testing upon entry. Still, 8% of the occupants have an active Covid-19 case (the non-detained population in the U.S has .2% active Covid-19 cases). This fact indicates that some protocols are being broken. Furthermore, a September 2021 report by the DHS Inspector General found that inspected ICE detention facilities did not follow all coronavirus mitigation protocols. ICE blames the prevalence of these cases on the lack of vaccinated individuals within the detention centers. ICE says that 36.7% of immigrants who were offered the vaccine rejected it. The rejection rate may be because many immigrants are offered the vaccines in an environment that is historically unsafe for its occupants. Scott Allen, a doctor who specializes in the medical treatment of migrants in U.S. custody and also advises the Department of Homeland Security on detention conditions, offered a solution for this. He said, "As for anyone else, a decision to accept or decline a vaccination involves informed consent, so health education and individual counseling has to be part of the strategy to increase vaccination uptake among detainees." While we wait for vaccinations to be more prevalent within detention centers, government officials can take action to reduce the loss of life from Covid. 

According to government records provided to lawyers in a federal court case, there were 5,200 immigrants in ICE detention as of late December whose health issues or age placed them at higher risk of getting severely ill or dying if they contracted the coronavirus. Nevertheless, ICE has declined to release people with pre-existing conditions. Several attorneys have reported that clients with conditions ranging from inflammatory bowel syndrome and diabetes to post-traumatic stress disorder have been denied release. Eunice Cho, an American Civil Liberties Union lawyer who focuses on detention issues, stated that "The Biden administration needs to take a very quick and hard look at who they are detaining and be very aggressive about making sure they are releasing people to the safety of their homes.” The government has a responsibility to protect individuals it detains, as well as staff and surrounding communities. Governments should protect individuals in custody from COVID by using all reasonable tools including releasing those who do not pose a risk to the public, educating individuals on the benefits of the vaccine, proper testing, mask wearing, and providing boosters.

DISCLAIMER: This Article is for informational purposes only and may not be used in the place of legal advice.

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Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)  of 1996