Originally published by Mother Jones
Civil rights groups are suing the Trump administration to force it to release people from immigration jails as the coronavirus outbreak continues to spread across the country.
In an emergency motion filed on Tuesday, the Southern Poverty Law Center and American Civil Liberties Union of Louisiana requested that a federal judge require Immigration and Customs Enforcement to release asylum seekers from detention centers in the Deep South if they don’t pose a threat to public safety or a flight risk.
Among the people identified in the lawsuit as particularly vulnerable to COVID-19 are a Cuban breast cancer survivor and a Venezuelan man who is HIV-positive. “Class members risked their lives to escape persecution and torture in their home countries,” the lawsuit states. “These asylum-seekers now find themselves trapped in what has essentially become a ticking-timebomb and, for many, a tomb.”
For weeks, health and corrections experts have called on ICE to release people from detention who don’t pose a threat to public safety. The agency has refused to do so. Instead, the number of people in its custody increased by more than 700 between March 14 and March 21, rising to more than 38,000 people in total. To date, ICE’s website listed four cases of detainees testing positive for COVID-19, but there are likely more people in its custody who’ve contracted the virus; the agency had only tested 25 people as of last Wednesday.
Tensions have been rising within detention centers as immigrants and asylum seekers fearful of being infected push for their release. Last week, there were several incidents in which detainees were pepper-sprayed at facilities owned by GEO Group, a for-profit private prison company that contracts with ICE. On Monday, guards used “pepper balls” against 23 detainees at GEO Group’s LaSalle ICE Processing Center, according to a government report obtained by BuzzFeed News. The San Antonio Express-News reported that the same day, about 60 people were pepper-sprayed at another GEO Group immigration detention center, this one in Texas, after they demanded to be released to protect them from the virus.
As I previously reported, on Tuesday guards pepper-sprayed at least seven men at GEO Group’s Pine Prairie, Louisiana, detention center, then transferred them to isolation cells. And I reported that the following day, officials at the LaSalle ICE Processing Center, also in Louisiana, pepper-sprayed women during a briefing on COVID-19. There were nearly 80 people in the room at the time. One of them told her lawyer that detention center staff left them locked up for about an hour as they screamed for help.
On Tuesday morning, Yoneli Figueredo-Pollato, a 34-year-old Cuban asylum seeker, called me to say he remains on a hunger strike that began after he was pepper-sprayed at Pine Prairie a week ago. After initially being sent to solitary confinement, he said he’d been transferred to the medical unit. When I asked in Spanish how he was feeling, he replied with one word: “Weak.”
The lawsuit could force the release of asylum seekers in the five states managed by ICE’s New Orleans field office: Alabama, Arkansas, Louisiana, Mississippi, and Tennessee. Most of those asylum seekers are in Louisiana, home to one of the nation’s worst COVID-19 outbreaks. On Saturday, Patrick Jones, who was serving a drug sentence at a prison in Oakdale, Louisiana, became the first person to die of COVID-19 in the custody of the Federal Bureau of Prisons. The Oakdale prison is next to the Oakdale immigration court and is about 20 minutes away from from GEO Group’s Pine Prairie detention center.