Things That Matter

Doctors And Nurses Protested Outside CBP Office Demanding Flu Shots For Migrant Kids, Many Were Arrested

United States Customs and Border Protection would not allow a group of doctors access to provide flu vaccines to children in a San Diego detention center. At least three children, according to the Guardian, have recently died in immigration custody due to the flu. They were ages two, six, and 16. 

Just recently, the death of 16-year-old Carlos Gregorio Hernandez Vasquez garnered national attention when ProPublica uncovered surveillance footage that revealed Immigrations and Customs Enforcement officials did not appropriately tend to his flu symptoms. 

Groups like Doctors for Camp Closure, Families Belong Together, and Never Again Action participated in a protest and effort to provide children detained by CBP the vaccines. 

“We see this as medical negligence on the part of the US government,” said Dr Bonnie Arzuaga, co-founder of Doctors for Camp Closure, told the Guardian. “People are being held in close confinement and usually are under a lot of physical and emotional stress … and maybe malnourished and may not have access to hygiene supplies. That puts them at risk.”

Physicians were turned away at a Chula Vista border patrol station.

A group of licensed doctors went to the detention center to run a free flu clinic. CBP would not allow them in. The agents said it was not “feasible” to offer any migrants medical assistance.  

“More people will die without the vaccine,” Dr Hannah Janeway, an emergency medicine physician that was turned away told the Guardian. “There’s no doubt. They are being locked in cages in cold weather together, without any vaccination, in a year that is supposed to bring a horrible flu epidemic.”

Janeway also works with asylum seekers in Tijuana and believes the government has a moral obligation to provide vaccinations to children. 

 “Our government, who is creating these conditions and allowing them to persist, is basically saying some people’s lives are worth more than others, and it’s OK for children to die,” Janeway said. 

Doctors have repeatedly been turned down by CBP. 

Doctors have mobilized for over a month in an attempt to allow the US to vaccinate migrants. In November, they made a formal proposal to operate a free pilot clinic. CBP rejected the proposal alleging it is too logistically difficult to set up because of time constraints. 

“[Migrant detainees] should generally not be held for longer than 72 hours,” CBP spokesman Matthew Dyman told the Guardian in an email. “Every effort is made to hold detainees for the minimum amount of time required.”

Dyman asserted that the larger system in place provides adequate medical care to migrants who are in detention centers for the long-term. However, government records prove that both adults and children are often detained for longer than 72 hours, in crowded conditions — sometimes held for weeks without explanation. 

“It has never been a CBP practice to administer vaccines and this not a new policy,” an official statement from CBP said. “Individuals in CBP custody should generally not be held for longer than 72 hours in either CBP hold rooms or holding facilities. As a law enforcement agency, and due to the short-term nature of CBP holding and other logistical challenges, operating a vaccine program is not feasible.”

52 people protest in front of CBP facility demanding to be allowed to provide medical care. 

According to the San Diego Union-Tribune, at least 52 people, largely licensed doctors and medical students, marched from Vista Terrace Neighborhood Park to the detention facility demanding to be let in or to let the children out to receive vaccines from a mobile clinic they set up. 

“We have the team here. We have the vaccines. It would not take 72 hours to do,” said Dr. Mario Mendoza, a retired anesthesiologist who was present. “What I can say is we are not leaving here until they let us enter. We are doctors. We are against death and we are for humanity.” 

Mendoza is an immigrant from El Salvador. He fled the dangerous country because his mother was an advocate for teacher’s rights — a noble cause that put her life in danger. 

“My heart hurts a lot for the immigrants that are here, both the adults and the children. I came here undocumented from El Salvador in 1981. We ran for 12 hours through the desert. We survived only by the grace of God and the strength of my mother,” said Mendoza. 

Doctors are arguing that it doesn’t matter how long migrants are detained, they should be entitled to life-saving services. Dr. Arzuaga believes that all CBP has to do is let them in. Others feel the fact that CBP won’t allow them to provide services is a testament of how they have dehumanized migrants altogether. 

“They are having difficulty prioritizing something like this, because they have so far dehumanized people. My question is, why not?” Danielle Deines, a neonatologist at the protest. “If you want to hold people in detention, you can provide people the basic flu vaccine … You’re saying death is acceptable to you, and that you don’t value human life.”

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

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Court Says That ICE Needs To Follow The Constitution When Making Arrests And Here’s Why That’s Such A Big Deal

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In what many are calling a landmark decision, the 9th Circuit Court of Appeals just handed a major victory to migrant’s rights advocates. Although the major ruling seems simple on paper, it has major legal implications and could truly change the way that U.S. Immigration and Customs Enforcement (ICE) agents arrest undocumented immigrants.

However, the decision is likely to be appealed to the U.S. Supreme Court – where it would face an uncertain legal future given the possible future makeup of the nation’s highest court.

The 9th Circuit Court just issued a landmark legal decision that could greatly affect ICE arrests.

Credit: Eric Risberg / Getty Images

Long-standing rules for arresting migrants may soon need to change, thanks to a recent ruling by the 9th Circuit Court of Appeals.

The court says that ICE needs to align its arresting and detention procedures with those of all other law enforcement agencies in the country, which are guided by rules within the U.S. constitution. When police arrest people for suspected crimes, the constitution requires them to show probable cause to a judge within 48 hours. But ICE does not do that. When ICE arrests people, it typically holds them for weeks before any judge evaluates whether ICE had a valid legal basis to make the arrest.

But ICE’s policies may no longer be legal.

The 9th Circuit Court of Appeals said the usual constitutional rules that apply to normal police all over the country also apply to ICE. “The Fourth Amendment requires a prompt probable cause determination by a neutral and detached magistrate,” the court said. This really shouldn’t be a big deal. Prompt independent review by a judge of whether the government has a legal basis to take away a person’s freedom is an essential safeguard against tyranny.

ICE’s arrest and detention policies have long come under scrutiny for seemingly skirting constitutional rules.

Credit: Joseph Sohm / Getty Images

For almost 200 years, immigration enforcement has existed in a sort of grey area, where the usual rules never applied. For example, when ICE arrests people, individual officers have much more legal discretion than other law enforcement authorities. Detainees may be held for weeks or months before going to a judge who will ask the person how they plead to ICE’s allegations against them.

Only then, long after the initial arrest, might ICE actually be required to show a judge any evidence to back up its case. The person would have spent all of that time detained, likely at a private detention center in a remote area.

For any other person in the U.S., this procedure goes against every legal protection in the constitution. But ICE has gotten away with treating immigrants this way for generations.

The ruling comes as other courts are making it easier for ICE to abuse migrant’s constitutional rights.

The ruling by the 9th Circuit comes less than a week after the 1st Circuit overturned a ban prohibiting ICE from arresting undocumented immigrants at courthouses in Massachusetts.

In 2018, ICE created a policy of attempting to arrest undocumented immigrants when they appeared at state courthouses for judicial proceedings. However, a district court granted an injunction against the policy after migrant advocates filed a lawsuit against ICE. They claimed that ICE was in violation of the Immigration and Nationality Act (INA) and lacked authority to make civil arrests at courts.

Meanwhile, ICE has resumed large-scale enforcement operations, announcing roughly 2,000 arrests over several weeks amid the Coronavirus pandemic. The 9th Circuit’s decision raises an obvious question: How many of those people were detained for more than 48 hours without a review by a judge?

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A Federal Court Just Ended Temporary Protected Status For More Than 300,000 Immigrants, Here’s What You Need To Know

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A Federal Court Just Ended Temporary Protected Status For More Than 300,000 Immigrants, Here’s What You Need To Know

Chip Somodevilla / Getty Images

A federal court just handed a huge ‘victory’ to the Trump administration, which has been eager to restart mass deportations. Despite a global health pandemic, the administration has been pressing forward with plans to deport hundreds of thousands of undocumented immigrants.

Until now, many of these migrants were safe from deportation thanks to Temporary Protected Status, which shields some immigrants from deportation under humanitarian claims. However, the recent court decision – in San Francisco’s 9th Circuit – gives Trump exactly what he wants right before the elections.

But how will it affect immigrant communities across the country? Here’s everything you need to know about this major decision.

The 9th Circuit Court just ended TPS for more than 300,000 undocumented immigrants.

A California appeals court on Monday gave the Trump Administration permission to end Temporary Protected Status for immigrants from El Salvador, Nicaragua, Haiti, and Sudan, clearing the way for officials to force more than 300,000 immigrants out of the country.

The decision affects people from all walks of life, many of whom have lived in the U.S. for decades, have U.S.-born children and have been considered essential workers during the coronavirus pandemic.

This week’s ruling from the circuit court comes after a district court (also in California) temporarily halted Trump’s plan to end TPS in late 2018 after a group of lawyers sued, arguing that Trump was motivated by racial discrimination.

“The president’s vile statements about TPS holders made perfectly clear that his administration acted out of racial animus,”Ahilan Arulanantham, a lawyer for the ACLU of Southern California, wrote in a statement. “The Constitution does not permit policy to be driven by racism. We will seek further review of the court’s decision.”

But today’s 2-1 decision reversed the district court’s temporary order and allowed the federal government to take away TPS protections while the court case continues.

ICE and DHS has promised to wait several months before taking away TPS status if the agency won in court. As a result, the ACLU told NPR that it expects the protections to start ending no sooner than March, meaning that Joe Biden could reverse the administration’s decision if he wins in November, though the organization plans to fight back in the meantime.

Temporary Protected Status was created to protect people in the U.S. from being sent back to dangerous places – and it’s saved lives.

Credit: Daniel Ortega / Getty Images

The TPS program was first introduced in 1990, and it has protected immigrants from more than 20 countries at various points since then. More than 300,000 people from 10 different nations currently use the program, some of whom have lived and worked in the United States for decades.

Trump has sharply criticized the program, sometimes along racial lines, and in one infamous and widely criticized incident two years ago, the president reportedly referred to the program’s beneficiaries as “people from shithole countries.”

TPS provides protection for short periods of up to 18 months, but the federal government has continuously extended it for the countries mentioned in the lawsuit “based on repeated findings that it remains unsafe to return.” 

As a result, it said, most TPS holders have been living in the U.S. for more than a decade, contributing to their communities and raising their families. Many of the more than 200,000 U.S.-citizen children of TPS holders have never been to the country their parents are from and would have to choose between their families and their homes.

The ruling will have a major impact on migrant families and communities across the U.S.

Credit: Chip Somodevilla / Getty Images

Immigration advocacy groups are slamming the court’s ruling, noting it will impact hundreds of thousands of TPS holders as well as their families and communities. In a statement, Beth Werlin, executive director of the American Immigration Council, said the decision will “plunge their lives into further turmoil at a time when we all need greater certainty.” 

As the global pandemic stretches on, immigrants with protected status make up a large portion of the country’s front-line workers. More than 130,000 TPS recipients are essential workers, according to the Center for American Progress. 

“TPS recipients have deep economic and social roots in communities across the nation,” said Ali Noorani, president and CEO of the National Immigration Forum. “And, as the U.S. responds to the COVID-19 pandemic, TPS recipients are standing shoulder to shoulder with Americans and doing essential work.”

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