Things That Matter

Another Man Has Died Of Covid-19 In ICE Custody And The Agency Still Lacks Any Plan To Prevent More Deaths

For months, migrant and refugee rights organizations have implored the U.S. Department of Homeland Security – the agency that oversees ICE – to release all people in their custody to avoid mass contagion. The fear has been that keeping thousands of people in close quarters and without proper access to medical care could result in the deaths of countless people.

ICE has refused to acknowledge the risk and instead has been shifting migrants around in a strategy of ‘mitigating’ risk. The results have been mixed as reports of low testing capacity and lack of medical care have called the organization’s strategy into question.

News broke on May 6 of the first migrant in ICE custody to die of Covid-19, now it’s been confirmed that a second detainee has died of the virus. And now many are wondering who’s next and how bad will it get?

A Guatemalan man has become the second confirmed death related to Covid-19 while in ICE custody.

Credit: Core Civic

Santiago Baten-Oxlag, a 34-year-old from Guatemala, died of complications from Covid-19 on Sunday. He becomes the second confirmed victim of the virus while in ICE custody after a man from El Salvador died in early May.

Baten-Oxlag has been transferred to a hospital from ICE’s Stewart Detention Center in Georgia. He’d been in the hospital since April 17, according to CBS News, while waiting to voluntarily return to Guatemala.

The 34-year-old had been in ICE custody since March 2, when he was arrested at a probation office in Marietta, Georgia, following a conviction for driving under the influence, ICE told Buzzfeed News. He agreed to voluntarily leave the US on March 26.

A 57-year-old man was the first confirmed Covid-19 related death in ICE custody.

Credit: Sarah Voisin / Getty

A 57-year-old man, Carlos Ernesto Escobar Mejia, from El Salvador who had tested positive for COVID-19 died in ICE custody in Southern California on Wednesday.

Mejia had been in ICE custody at the Otay Mesa Detention Center near the California border with Mexico since January and tested positive for COVID-19, the disease caused by the coronavirus, on April 24.

Reports of the man’s death drew swift condemnation from immigrant rights organizations, who’ve been pushing for weeks for ICE to release more detainees from its facilities and arguing coronavirus poses a deadly threat to immigrants behind bars.

“The heartbreaking tragedy at Otay Mesa could have been prevented had US immigration officials heeded the recommendations of medical experts and acted in time,” said Dr. Ranit Mishori, a senior medical adviser for Physicians for Human Rights, in a statement.

For months, several major organizations have called for an orderly, coordinated release of detainees in ICE and CBP detention facilities.

Credit: Gregory Bull / Getty

Court challenges in multiple states seek to compel ICE to release detainees in order to reduce the spread of the virus. The Otay Mesa center southeast of San Diego is the subject of such a lawsuit filed last month by the American Civil Liberties Union.

The San Diego facility has 132 COVID-19 cases, the most patients by far of the 41 detention centers where the virus has been reported. There have also been 10 employees at the facility who have contracted the virus, according to ICE.

The facility has also been the target of protesters who, on April 11, drove up in vehicles and honked to bring attention to the health conditions.

“Despite unwavering calls to prevent this, Trump’s immigration system took another life,” Paola Luisi, co-director of the immigrant advocacy group Families Belong Together said in a statement Wednesday.

“You cannot cage a virus, and it is impossible to safely physically distance behind bars,” she said. “We fear this tragic death will be the first.”

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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

Things That Matter

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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Peru’s Indigenous Are Turning To Ancestral Medicines To Fight The Coronavirus

Culture

Peru’s Indigenous Are Turning To Ancestral Medicines To Fight The Coronavirus

Joao Laet / Getty Images

With news headlines like “How Covid-19 could destroy indigenous communities”, it’s hard to understate the affect that the Coronavirus has had on Indigenous communities across the world.

Even before the pandemic hit, native populations were already at increased risk of health complications, poor access to medical care, lack of proper education, and even premature death. The pandemic has only exacerbated these issues as government programs and NGOs who delivered aid to far flung communities have grind to a halt.

However, many communities have started taking the matter into their own hands by creating their own impromptu healthcare systems based on ancestral techniques and others have barricaded off their villages from the outside world in an effort to stem the flow of the virus.

In Peru, many Indigenous communities are turning to centuries-old medicines to fight back against the Coronavirus.

The Coronavirus has had a devastating impact on Peru – the country with the world’s highest per capita Covid-19 mortality rate. At particular risk is the nation’s large Indigenous community, who often lack proper access to education efforts and medical care. This has forced many Indigenous groups to find their own remedies.

In the Ucayali region, government rapid response teams deployed to a handful of Indigenous communities have found infection rates as high as 80% through antibody testing. Food and medicine donations have reached only a fraction of the population. Many say the only state presence they have seen is from a group responsible for collecting bodies of the dead.

At least one community, the Indigenous Shipibo from Peru’s Amazon region, have decided to rely on the wisdom of their ancestors. With hospitals far away, doctors stretch too thin and a lack of beds, many have accepted the alternative medicine.

In a report by the Associated Press, one villager, Mery Fasabi, speaks about gathering herbs, steeping them in boiling water and instructing her loved ones to breathe in the vapors. She also makes syrups of onion and ginger to help clear congested airways.

“We had knowledge about these plants, but we didn’t know if they’d really help treat COVID,” the teacher told the AP. “With the pandemic we are discovering new things.”

One of the plants the Shipibo are using is known locally as ‘matico.’ The plant has green leaves and brightly colored flowers. And although Fasabi admits that these ancestral remedies are by no means a cure, the holistic approach is proving successful. She says that “We are giving tranquility to our patients,” through words of encouragement and physical touch.

Even before the Coronavirus, Indigenous communities were at a greater risk for infectious diseases.

Indigenous peoples around the globe tend to be at higher risk from emerging infectious diseases compared to other populations. During the H1N1 pandemic in Canada in 2009, for example, aboriginal Canadians made up 16% of admissions to hospital, despite making up 3.4% of the population.

Covid-19 is no exception. In the US, one in every 2,300 indigenous Americans has died, compared to one in 3,600 white Americans.

Indigenous groups are particularly vulnerable to dying from Covid-19 because they often live days away from professional medical help. As of July 28, the disease had killed 1,108 indigenous people and there had been 27,517 recorded cases, with the majority in Brazil, according to data published by Red Eclesial Panamazonia (Repam).

Some communities are turning inward to survive COVID-19, barricading villages and growing their own food.

Despite the immense threat they face, Indigenous communities are fighting back.

“I am amazed to see the ways that indigenous peoples are stepping up to provide support where governments have not,” Tauli-Corpuz, a teacher at Mexico’s UNAM, told The Conversation. “They are providing PPE and sanitation, making their own masks, and ensuring that information on Covid-19 is available in local languages, and are distributing food and other necessities.”

They are also choosing to isolate. In Ecuador’s Siekopai nation, about 45 Indigenous elders, adults and children traveled deep into the forest to their ancestral heartland of Lagartococha to escape exposure to the Coronavirus, says the nation’s president Justino Piaguaje.

Despite their best efforts, many experts are extremely concerned for the survival of many Indigenous communities.

Credit: Ginebra Peña / Amazonian Alliance

They are already facing the ‘tipping point’ of ecological collapse due to increased threats of deforestation, fires, industrial extraction, agribusiness expansion and climate change,” Amazon Watch executive director Leila Salazar-Lopez told UNESCO of Amazonian Indigenous groups.

“Now, the pandemic has created one more crisis, and as each day passes, the risk of ethnocide becomes more real.”

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