New York Times Death in Detention Article

May 6, 2008

If you read yesterday’s New York Times front page article titled For Immigrants Who Die in U.S. Custody, Few Details Provided, you may also be interested in the following:

• ICE takes great care to ensure the safety and well being for each of the more than 300,000 detained individuals who come through our detention facilities each year. ICE has established plans and processes in place with Division of Immigration Health Services (DIHS) medical professionals to provide care for all those detained, including those who may encounter a medical emergency while in custody.

• Nearly 1.5 million individuals have come through detention facilities since ICE was created in 2003.  Each of them received taxpayer-funded medical treatment, including a comprehensive health screening and care management provided, not by ICE, but by the Division of Immigration Health Services of the Department of Health and Human Services, at a cost of more than $360 million.

• Though the ICE detainee population has increased by more than 30% since 2004, the mortality rate has actually declined. The number of deaths per 100,000 is dramatically lower for ICE detainees than for the population in US prisons and jails and the general public as a whole.

• When a detainee is hospitalized, the hospital assumes medical decision-making authority including the patient’s drug regimen, lab tests, x-rays and treatments.  If a detainee passes away while in ICE custody, it is our policy to immediately notify the next of kin or the consular official from the respective country. In addition, ICE's Office of Professional Responsibility (OPR) reviews the circumstances surrounding the death of a detainee and determines if further investigation is warranted.

• OPR also informs the Department of Homeland Security’s (DHS) Office of the Inspector General (OIG) of all detainee deaths, regardless of reason.  OPR reviews the circumstances surrounding the death and determines whether the death necessitates investigation and coordinates appropriately with the OIG.

Myths vs. Facts regarding the May 5, 2008, article

Article:
“…for five days, no official notified the family of the detainee, Boubacar Bah…. On the fifth day, they said, a detention official called them with the name of the hospital…”

Fact:
It is ICE policy to contact next of kin immediately upon an emergency or of the death of the individual in custody. When there is no emergency contact information on file, ICE contacts the consular officials from the individual’s home country. Specific to Mr. Bah’s situation, family members were notified of Mr. Bah’s deteriorating condition and his cousins were notified of his death on the day it occurred.

Article:
Regarding the FOIA list of detainee deaths: “The list has few details, and they are often unreliable…”

Fact:
In response to a specific Freedom of Information Act request from the New York Times, ICE provided the reporter with exactly what she requested. This document lists the deceased individual’s name and A-Number, date of birth, date of death, location of last detention (if applicable), location where the individual died and the findings/circumstances of that death.  More specific information regarding the cause of death would be available through state or county coroner’s offices or the official who provided the cause and time of death.

Article:
“….Mr. Bah’s relatives never saw the internal records….The documents detail how he was treated by guards and government employees….”

Fact:
ICE found that the established process for notifying the medical group by detention officers was followed and the recommendations made by the medical professionals on duty were also followed. ICE found no evidence of foul play or lack of follow-through in this incident. Mr. Bah’s relatives have not contacted ICE regarding any specific complaints or allegations.

Article:
“….In Mr. Bah’s case, a review before his death found no evidence of foul play, an immigration spokesman said, though after later inquires from the Times, he said a full review of the death was under way…” and relating to Mr. Walter Rodriguez-Castro; “…Immigration authorities said on Friday that the case was now under review….”

Fact:
ICE reviews all deaths as a standard practice; and the New York Times’ implication that the mere inquiry into a death is proof of wrongdoing is erroneous. In fact, the inquiries into the deaths of Boubacar Bah and Walter Rodriguez-Castro have been completed and there was no evidence that standard processes were not followed or that there was foul play.  However, certain policy aspects of the cases were referred to the Office of Detention and Removal (DRO) for a review to determine if any administrative processes were in need of improvement/modification and to ensure quality control is in place. This process allows ICE to identify areas for improvement and quickly implement changes.

Article:
“….As the country debates stricter enforcement of immigration laws, thousands of people who are not American citizens are being locked up for days, months or years while the government decides whether to deport them…”

Fact:
It is important to note that the length of stay in an ICE detention facility is considerably shorter than that of a correctional facility.  In 2007, ICE detainees spent an average of 37.5 days in detention. Decisions regarding detention are made on a case-by-case basis, taking into account a number of factors, including whether or not mandatory detention is required, whether the individual poses a threat to national security or public safety and whether he or she is a flight risk.
All individuals involved in the removal process have the right to full due process of law, such as a hearing before an Immigration Judge and the right to appeal before the Board of Immigration Appeals and the U.S. Circuit Court of Appeals. As such, some removal cases are lengthier than others, which can result in an individual being detained for longer periods of time.

Article:
“….An immigration lawyer hired by his friends was unable to reopen the application while Mr. Bah waited for 9 months in detention, records showed.”

Fact:
Mr. Bah was detained in Elizabeth from May 2006 until the time of his medical emergency in February 2007.  Because he had left the country and attempted to return unlawfully without a valid visa, he was subject to mandatory detention as an inadmissible alien under the law.  These cases generally do remain in custody while going to proceedings and detainee driven appeals.

As allowed under the law, Mr. Bah had several hearings and was appealing his second order of removal to the Board of Immigration Appeal in February 2007 which explains the nine months he spent in detention.

Article:
Regarding Mr. Bah: “…was left in a disciplinary cell for more than 13 hours, despite repeated notations that he was unresponsive and intermittently foaming at the mouth.”

Fact:
Mr. Bah was treated by medical professionals following his fall in the dorm. After his medical evaluation, Mr. Bah was placed in segregation for further observation. He was checked regularly through the day and was found unconscious later that evening.  

 

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