Citing conditions that amount to ”cruel and unusual punishment,” a Miami federal judge ordered U.S. immigration authorities Thursday night to release hundreds of detainees held at three South Florida detention centers.
In a strongly worded 12-page order filed late Thursday, U.S. District Judge Marcia G. Cooke said U.S. Immigration and Customs Enforcement has acted with “deliberate indifference” to the condition of its detainees. She ordered the agency to report to her within three days how it plans to cut its non-criminal and medically vulnerable populations by the hundreds.
The judge also ordered the agency to submit weekly reports on the releases. After 10 days, ICE is to begin filing twice-weekly reports. Within two days, she ordered, ICE shall also provide masks to all detainees and replace them once a week.
“There is record evidence demonstrating that ICE has failed in its duty to protect the safety and general well-being of the petitioners,” Cooke wrote. “Social distancing at Krome is not only practically impossible, the conditions are becoming worse every day. Further, ICE has failed to provide detainees in some detention centers with masks, soap and other cleaning supplies, and failed to ensure that all detainees housed at the three detention centers can practice social distancing.”
She added: “Such failures amount to cruel and unusual punishment because they are exemplary of deliberate indifference.... Accordingly, there is sufficient evidence in this record to determine that the present conditions at the three detention centers constitute a violation of the Petitioners’ Fifth and Eighth Amendment rights.”
The judge said that detainees with non-violent criminal records or underlying health conditions who qualify for release can be subject to detention alternatives like parole, telephone monitoring, physical check-ins or GPS monitoring through electronic ankle bracelets.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
"Valera was released from Krome after being held on a DUI charge and sent home to Naples on April 20 with a monitoring device on his ankle. Three days later, as his symptoms worsened, he went to the doctor and tested positive for COVID-19. *** On Wednesday, his wife and two adult children also tested positive for COVID-19.***"
ReplyDeleteWhile cohorting is horrible practice, Im not sure rushing to release a bunch of presumptive positive cases into the community is a great idea.
Hopefully Judge Cooke will ensure releases occur only after testing negative, or after 14 quarantine for positives (like the cruise ships).
Didnt see that in the order.
If they have to be released immediately, perhaps UM can provide a safe place to quarantine them in appropriate conditions. Thank you in advance UM for stepping up to the plate to keep us all safe (including the family members of the detainees).
Shouldnt cooke give then the option of building tents?
ReplyDeleteWhere is the order??? Every post/news story about an order/opinion should include a link to it! Thank you!
ReplyDeleteMore corona spread throughout the community. Excellent.
ReplyDeleteCDC guidelines recommend to release people to home isolation (or at a hospital) even when positive.
ReplyDeleteAlso, the CDC recognizes that keeping people detained is dangerous for local community as the jails become breeding grounds for spread of the virus, and the staff at the jail will take the disease out to the community on a daily basis.
ReplyDeletehttps://www.cdc.gov/coronavirus/2019-ncov/downloads/guidance-correctional-detention.pdf
Love how Immigrants come first..
ReplyDeleteAt the FDC across the street, nobody has been tested even though guards have gotten sick and sent home.
DOM,
ReplyDeleteNormally you jump on every little story on prosecutorial misconduct. But you have been silent on the Flynn case.
Why?
Because theres a prosecutorial misconduct case he is handling and cant reveal the progress..?
ReplyDelete