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| Lawsuit Wins Detainee Medical Care and Release | December 17, 2009 |
| Systemic Problems Persist in ICE Detention | |
| (December 17, 2009) – After seven months in immigration detention, a Haitian woman was provided surgery to remove uterine fibroid tumors and was released from custody following a federal lawsuit on her behalf by the Florida Immigrant Advocacy Center (FIAC). Rosemarie (her last name withheld for privacy) walked out of the Glades County Detention Center on December 11 after Immigration and Customs Enforcement (ICE) agreed to release her and pay $47,500 in damages and attorneys’ fees. In exchange, Rosemarie dropped her suit. ICE also terminated immigration proceedings against her. “Detainees should not have to go to federal court to get desperately needed medical care,” said Cheryl Little, FIAC executive director. “Ailing detainees will continue to suffer until ICE seriously undertakes reforms and puts teeth into its oversight of detention facilities.” When detained by ICE in April, Rosemarie already suffered daily bleeding, pain, and dizziness from fibroid tumors for more than eight months. Medical records provided to ICE documented her condition and indicated surgery was needed since more conservative treatments had all failed. Although Rosemarie made numerous medical complaints – to Glades staff, ICE officers, and even Immigration Judge Hurewitz, detention medical staff trivialized her complaints and provided only palliative remedies such as Tylenol for pain and iron for the loss of blood. When Rosemarie asked for a copy of her medical records, detention staff denied the request, telling her the records were “confidential.” The facility did not even take Rosemarie to see a gynecologist for three months, and then only after Judge Hurewitz notified FIAC of her situation and FIAC intervened on her behalf. FIAC asked Dr. Stephen Symes, from the University of Miami Medical School’s Jay Weiss Center for Social Medicine, to conduct a review of Rosemarie’s medical records. Dr. Symes concluded that without treatment, Rosemarie was being placed “at unnecessary risk of shock and even preventable death.” Provided Dr. Symes assessment, ICE denied two urgent requests for humanitarian release so that Rosemarie could get medical treatment elsewhere. The pattern of indifference continued even after FIAC reported its concerns to ICE Headquarters in Washington, D.C., in July. “This case shows that seriously ill detainees like Rosemarie simply should not be detained pending resolution of their civil, immigration cases,” said Tania Galloni, the FIAC attorney who litigated Rosemarie’s case. Rather than provide treatment, ICE only scheduled Rosemarie for various office visits, without providing doctors her existing medical records, and authorized only repeat diagnostic tests for an already known condition. ICE also denied her access to counsel during medical appointments, despite her limited education and language barriers. This resulted in foreseeable miscommunication and further delay. During the course of her detention, Rosemarie’s symptoms worsened and she suffered two infections. Rosemarie filed suit in federal court on September 11 alleging deliberate indifference to her serious medical need. The defendants named were: ICE Officers, the Glades County Sheriff, and Stacy Britt, Armor Correctional Health Services Administrator. On November 19, U.S. District Judge John E. Steele granted Rosemarie’s motion for a preliminary injunction ordering ICE, Glades and Armor to provide medically recommended treatment to Rosemarie “without further delay.” Judge Steele noted: “It is apparent to this Court that an injunction requiring Defendants to authorize and provide Plaintiff with the appropriate treatment, as opposed to further diagnostic testing and consultations, is necessary to the Plaintiff’s health.” The Court also reaffirmed a previous order granting Rosemarie access to counsel during her medical appointment. Rosemarie finally underwent surgery on December 1, and was released from the hospital days later. She is still recovering but feels much better. This case illustrates that ICE still has far to go to provide detainees basic -- one of several “core principles” noted by Homeland Security Secretary Janet Napolitano and ICE director John Morton in October in announcing plans to reform the detention system . This case also confirms problems documented in FIAC’s recent report: Dying for Decent Care: Bad Medicine in Immigration Custody. Despite the involvement of ICE headquarters, systemic detention failings persist: Detainee medical complaints are not taken seriously. Medical records are improperly withheld from detainees. Medical facilities lack competent staff. An Armor doctor, for example, told Rosemarie that her bleeding was OK “because it’s not like you’re going to have sex” while in detention. ICE denies detainees access to an advocate at their medical exams, even when ICE knows that language or education barriers may further delay care. ICE unreasonably denies worthy requests for humanitarian release on behalf of those who are seriously ill. Rosemarie was detained for more than seven months. The average cost is $141/day per detainee. Had ICE released her when FIAC first requested her humanitarian release, taxpayers would have saved $22,000 as well as the $47,500 settlement and thousands more in medical and legal costs. ICE lacks any apparent medical care coordination, which invites delay, confusion, and unnecessary costs. Contacts: Susana Barciela: 305-573-1106 x1710, 305-301-9762, sbarciela@fiacfla.org Tania Galloni: 305-573-1106, x1080, 561-703-8657 tgalloni@fiacfla.org About Florida Immigrant Advocacy Center Florida Immigrant Advocacy Center (FIAC) is one of the nation’s largest non-profit immigration law firms. Since its founding in 1996, FIAC has handled more than 65,000 cases. This direct service work informs its broader policy work, positioning FIAC as a powerful national advocate for immigrants’ rights and a leader in the immigration field. FIAC influences national policy; successfully litigates or otherwise challenges patterns of abuse; and takes a leading role in educating the public about the impact that immigration laws and directives have on our communities. FIAC is dedicated to protecting and promoting the basic rights of immigrants. **** | |